£63 

R4LS 


The  Rhode  Island 
Declaration  of  Independence 

May  4, 


LIPPITT 


THE 

RHODE    ISLAND 
Declaration    of  Independence 


CHARLES    WARREN    LIPPITT 

IN 
GOVERNOR    OF   RHODE    ISLAND 


1895-1897 


AN    ADDRESS    DELIVERED    BEFORE    THE 

Rhode  Island  Citizen's  Historical  Association 

ON  THE    I30TH   ANNIVERSARY 

OF     THE 

DECLARATION    OF  INDEPENDENCE    BY  THE    COLONY  OF  RHODE  ISLAND 

MAY  4,  1906 


THE  RHODE  ISLAND  DECLARATION 
OF  INDEPENDENCE. 


This  celebration  to-day  is  undoubtedly  the  first  formal 
public  recognition  of  the  anniversary  of  the  Rhode  Island 
Declaration  of  Independence.  In  the  northern  part  of 
the  State  the  efforts  of  a  single  citizen,  James  S.  Slater, 
have  annually  for  several  years  directed  attention  to  this 
important  occasion.  The  National  Society  of  Colonial 
Dames  of  America  in  Rhode  Island,  and  the  Bristol 
Chapter  of  the  Rhode  Island  Society  of  the  Sons  of  the 
American  Revolution,  have  also  held  their  annual  meet 
ings  on  May  fourth,  for  a  number  of  years,  in  honor  of 
this  anniversary. 

The  adjustment  of  this  question  is  not  between  our 
selves  and  our  enemies.  On  the  contrary,  we  now  en 
gage  in  friendly  examination  of  official  records  to  ascer 
tain  which  colony  was  foremost  in  such  formal  action 
against  the  encroachments  of  parliament  as  to  constitute 
separation  from  Great  Britain.  If  any  other  colony 
substantiates,  by  unquestionable  facts,  claims  prior  to 
ours,  however  sad  it  may  be  to  yield  our  position,  let  us 
remember  it  is  relinquished  to  our  friends  and  fellow 
countrymen. 

It  is  our  duty  to  determine  if  the  honor  of  the  first 
colonial  declaration  of  independence  rightfully  belongs 


to  the  people  who  occupied  these  Plantations  in  Revo 
lutionary  times.  We  would  indeed  be  recreant  descend 
ants  if  we  did  not  claim,  substantiate,  and  perpetuate, 
the  rightful  honor  of  our  ancestors. 

May  31,  1775,  a  committee  of  the  county  of  Mecklen 
burg  met  at  Charlottestown  and  passed  a  preamble  and 
twenty  resolutions.  They  are  entirely  concerned  with 
the  affairs  of  that  county  and  do  not  declare  themselves 
in  favor  of  independence,  or  renounce  allegiance  to  Great 
Britain.  They  represent  a  commendable  effort  to  main 
tain  order  and  preserve  the  peace  of  their  community 
during  the  interval  between  the  failure  of  the  representa 
tives  of  Great  Britain  to  conduct  the  government  and 
satisfactory  arrangements  for  some  other  acceptable 
authority  to  accomplish  that  object,  as  the  following 
resolution  declares: 

"  XVIII.  That  these  Resolves  be  in  full  force  and  vir 
tue,  until  instructions  from  the  Provincial  Congress, 
regulating  the  jurisprudence  of  the  province,  shall  pro 
vide  otherwise,  or  the  legislative  body  of  Great  Britain, 
resign  its  unjust  and  arbitrary  pretentious  with  respect 
to  America.'7 

The  resolutions  of  a  county  do  not  control  a  state,  and 
the  provisions  arranged  for  Mecklenburg  applied  only  to 
that  county,  and  were  not  binding  on  any  other. 

After  these  resolutions  had  been  adopted,  published 
in  several  newspapers,  and  copies  forwarded  to  the  au 
thorities  in  Great  Britain,  by  some  unfortunate  circum 
stances  they  were  entirely  overlooked  and  forgotten. 
It  was  not  until  Mr.  Peter  Force,  the  compiler  of  the 


" American  Archives/'  announced  in  the  National  In 
telligencer  of  Dec.  18,  1838,  over  sixty-three  years  later, 
his  discovery  in  the  "New  York  Journal/'  June  29,  1775, 
and  subsequently  in  the  "Massachusetts  Spy/'  of  July  12, 
of  that  year,  partial  copies  of  these  resolutions,  that  they 
again  came  to  light.  A  copy  of  the  entire  series  was  sub 
sequently  found  in  the  year  1847  in  a  copy  of  the 
"'South  Carolina  Gazette/'  June  13,  1775.  Later  Mr. 
Bancroft,  Minister  of  the  United  States  at  London,  found 
an  entire  series  of  the  Mecklenburg  Resolutions  of  May 
31st,  1775,  in  the  British  State  Paper  Office,  as  published 
in  the  South  Carolina  Gazette  of  June  13,  1775.  The 
copy  of  this  paper  was  forwarded  to  the  British  Secretary 
of  State  by  the  colonial  governor  of  Georgia  in  1775,  that 
"His  Lordship  might  see  the  extraordinary  resolves  of 
the  people  of  Charlottestown  in  Mecklenburg  County." 

On  the  30th  of  June,  1775,  Governor  Martin  of  North 
Carolina  also  forwarded  a  copy  to  the  British  Secretary 
of  State. 

On  Friday,  April  30,  1819,  a  little  short  of  44  years 
after  these  events  in  Mecklenburg  County,  the  "Raleigh 
Register  and  North  Carolina  Gazette"  published  an  article 
calling  attention  to  a  Declaration  of  Independence  made 
by  citizens  of  Mecklenburg  County  in  North  Carolina  on 
May  20,  1775,  eleven  days  before  the  meeting  of  May  31st 
referred  to  above.  This  document  claims  that  the  cit 
izens  of  Mecklenburg,  which  then  included  the  present 
county  of  Gabarrus,  inspired  by  the  occurrences  in 
Massachusetts,  organized  themselves  to  protect  their  in 
alienable  rights  and  liberties.  On  May  19,  1775,  a  meet- 


ing  was  held  composed  of  two  delegates  from  each  mili 
tary  company  in  the  county.  They  were  vested  with 
unlimited  powers.  The  news  of  the  battle  of  Lexington 
arrived  on  the  day  the  meeting  assembled.  After  a 
long  discussion  of  the  objects  for  which  they  had  con 
vened,  a  series  of  resolutions  was  unanimously  enacted. 
The  declaration,  which  has  attracted  so  much  attention, 
is  contained  in  the  second  and  third  of  these  resolutions, 
as  follows : 

U2.  Resolved,  That  we  the  citizens  of  Mecklenburg 
County,  do  hereby  dissolve  the  political  bonds  which 
have  connected  us  to  the  Mother  Country,  and  hereby 
absolve  ourselves  from  our  allegiance  to  the  British 
Crown,  and  abjure  all  political  connection,  contract  or 
association  with  that  Nation,  who  have  wantonly  tramp 
led  on  our  rights  and  liberties — and  inhumanely  shed  the 
innocent  blood  of  American  patriots  at  Lexington." 

"3.  Resolved,  that  we  do  hereby  declare  ourselves  a 
free  and  independent  People,  are  and  of  right  ought  to 
be,  a  sovereign  and  self  governing  Association,  under  the 
control  of  no  power  other  than  that  of  our  God  and  the 
General  Government  of  the  Congress;  to  the  mainte 
nance  of  which  independence,  we  solemnly  pledge  to  each 
other  our  mutual  co-operation,  our  lives,  our  fortunes,  and 
our  most  sacred  honor. " 

These  resolutions  from  time  to  time  have  attracted 
considerable  attention.  No  contemporary  evidence  of 
their  authenticity  has  yet  been  discovered.  The  action 
of  the  supposed  meeting  of  May  19th  and  20th,  1775, 
rests  upon  the  memory  of  certain  citizens  of  Mecklen 
burg  County  who  put  them  in  writing,  after  the  long 


period  of  time  referred  to,  from  their  recollection  of  the 
proceedings  of  the  meeting. 

Both  Thomas  Jefferson  and  John  Adams  were  alive  in 
1819,  at  the  time  the  Mecklenburg  Resolutions  of  May 
20,  1775,  were  published  in  the  "  Raleigh  Register  and 
North  Carolina  Gazette/'  Their  intimate  acquaintance 
with  the  circumstances  attending  the  formation  of  the 
American  nation  in  1775  developed  a  keen  interest  in 
the  subject.  A  copy  of  the  Mecklenburg  Resolutions 
was  forwarded  to  Mr.  Jefferson  by  Mr.  Adams  in  a  letter 
dated  June  22,  1819.  Mr.  Jefferson  replied  in  a  com 
munication  to  Mr.  Adams  dated  July  9,  1819,  in  which 
he  refers  -to  many  of  the  actors  and  the  events  of  the  time 
when  these  supposed  resolutions  first  appeared,  and  dis 
credits  their  authenticity  from  his  general  knowledge  of 
all  the  circumstances.  Mr.  Adams  in  two  letters  to  the 
Rev.  William  Bentley,  one  dated  the  15th  of  July  and 
one  the  21st  of  August,  1819,  unqualifiedly  joined  in  the 
position  taken  by  Mr.  Jefferson.  In  the  last  of  the  two 
letters,  Mr.  Adams  states: 

"4.  Is  it  possible  that  such  resolutions  should  have 
escaped  the  vigilant  attention  of  the  scrutinizing,  pene 
trating  minds  of  Patrick  Henry,  R.  H.  Lee,  Mr.  Jefferson, 
Mr.  Gadsden,  Mr.  Rutledge,  Mr.  Jay,  Mr.  Sherman,  Mr. 
Samuel  Adams,  Hand  credo.  I  can  not  believe  that  they 
were  known  to  one  member  of  Congress  on  the  fourth  of 
July,  1776." 

It  has  also  been  possible  to  secure  two  letters  of  Mr. 
John  Adams,  not  heretofore  published,  expressing  in 
most  emphatic  terms  his  condemnation  of  the  Mecklen- 


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burg  Resolutions  of  May  20,  1775  (Exhibit  A).  It  is 
evident  that  neither  Mr.  Jefferson  nor  Mr.  Adams  had 
any  faith  in  the  correctness  of  the  Mecklenburg  Declara 
tion  of  Independence  of  May  20,  1775. 

Four  of  the  reputed  signers  of  the  Mecklenburg  De 
claration  of  May  20,  1775,  were  Thomas  Polk,  John  Mc- 
Ivnitt  Alexander,  John  Pfifer,  and  Waightstill  Avery. 
These  gentlemen,  with  two  others,  represented  the  county 
of  Mecklenburg  in  the  Third  Provincial  Congress  of 
North  Carolina,  that  met  on  the  21st  of  August,  1775. 
On  the  23rd  of  August,  a  committee  of  the  Congress 
reported  a  so-called  test,  to  substantiate  the  loyalty  and 
patriotism  of  the  members  of  the  Congress,  which  reads 
as  follows: 

"We,  the  subscribers,  PROFESSING  OUR  ALLEGIANCE 

TO  THE  KlNG,  AND  ACKNOWLEDGING  THE  CONSTITUTIONAL 

EXECUTIVE  POWER  OF  GOVERNMENT,  do  solemnly  pro 
fess,  testify,  and  declare  that  we  do  absolutely  believe 
that  neither  the  Parliament  of  Great  Britain  nor  any 
member  or  constituent  branch  thereof  have  a  right  to 
impose  taxes  upon  these  Colonies  to  regulate  the  internal 
policy  thereof:  and  that  all  attempts  by  fraud  or  force 
to  establish  and  exercise  such  claims  and  powers  are 
violations  of  the  peace  and  security  of  the  people,  and 
ought  to  be  resisted  to  the  utmost,"  etc. 

"In  testimony  whereof  we  have  hereto  set  our  hands, 
this  23rd  of  August,  1775." 

Gentlemen  of  courage,  honor  and  integrity,  willing  to 
risk  their  lives  and  their  property  in  the  cause  of  American 
liberty,  could  not  on  the  20th  of  May,  1775,  have  pledged 


11 

themselves  to  the  so-called  Mecklenburg  Declaration  of 
Independence,  and  a  little  over  three  months  afterward 
in  the  presence  of  the  delegates  of  North  Carolina  as 
sembled  in  the  Third  Provincial  Congress  have  willingly 
subscribed  to  the  above  test,  which  was  signed  by  the 
four  delegates  from  Mecklenburg  County,  as  well  as  by 
all  of  the  other  members  of  said  Congress. 

In  addition  the  delegates  from  Mecklenburg  County 
joined  with  the  other  members  of  the  Congress  in  unani 
mously  adopting  an  address  to  the  Inhabitants  of  Great 
Britain,  pledging  themselves  in  most  vehement  language 
as  loyal  subjects  of  His  Majesty,  King  George  the  Third. 
(Exhibit  D.)  It  is  equally  impossible  to  believe  that 
these  gentlemen  could  have  joined  in  enacting  the  sup 
posed  Mecklenburg  Resolutions  of  May  20,  1775,  and  on 
September  8,  1775,  have  formally  bound  themselves  by 
the  unusually  explicit  protestations  and  statements  of  the 
address  to  the  Inhabitants  of  Great  Britain.  Such 
action  is  entirely  irreconcilable  with  the  approval  of  the 
supposed  Mecklenburg  Declaration  of  Independence  of 
May  20,  1775,  but  is  not  incompatible  with  the  authentic 
Mecklenburg  Resolutions  of  May  31,  1775. 

The  Mecklenburg  Declaration  of  Independence  has 
been  most  completely  and  critically  examined  and  dis 
cussed  in  an  article  in  the  North  American  Review  for 
April,  1874,  by  Mr.  James  C.  Welling,  that  abundantly 
proves  from  the  official  records  of  North  Carolina,  and 
other  equally  authoritative  sources,  that  the  supposed 
Mecklenburg  meeting  of  May  20,  1775,  and  the  resolu 
tions  claimed  to  have  been  adopted  thereat,  never  oc- 


12 

curred,  but  that  these  circumstances  were  confused  with 
the  authentic  resolutions  passed  at  the  meeting  actually 
held  on  May  31 ,  1775. 

James  Fiske,  in  the  American  Revolution,  character 
ises  the  Mecklenburg  Declaration  of  Independence  as  a 
"legend."  Frothingham,  after  a  careful  investigation, 
states  that  he  has  not  met  with  any  contemporary  refer 
ence  in  manuscript  or  in  print  to  prove  the  existence  of 
the  convention  or  the  public  meeting  which  is  said  to  have 
passed  these  resolutions. 

Some  recent  claims  in  behalf  of  the  "Mecklenburg  meet 
ing  of  May  20th,  1775,  have  been  carefully  investigated 
by  A.  S.  Salley,  Jr.,  in  a  pamphlet  published  in  Columbia, 
South  Carolina,  1905,  conclusively  proving  that  the 
supposed  declaration  of  independence  of  May  20th,  1775, 
has  been  undoubtedly  mistaken  for  the  authentic  Meck 
lenburg  resolutions  on  May  31st,  1775,  which  are  not 
claimed  to  be  a  declaration  of  independence. 

Notwithstanding  the  active  warfare  existing  during 
the  greater  part  of  1775,  the  colonists  still  entertained  a 
strong  feeling  of  dependence  upon  the  mother  country. 
It  was  apparently  expected  that  after  a  short  conflict 
Great  Britain  would  recognize  their  rights  and  enable 
them  to  continue  as  English  colonists,  in  the  enjoyment 
of  liberties  they  were  not  willing  to  relinquish.  Ul 
timate  independence  had  not  been  favorably  considered 
by  the  mass  of  the  colonists.  The  fear  that  it  might  be 
attempted  induced  several  colonial  governments  to  pro 
test  against  such  action. 

Pennsylvania  was  one  of  the  most  conservative  of  the 


13 

colonies.  Her  people  were  unable  to  contemplate  final 
separation  from  Great  Britain.  To  prevent  such  a  pos 
sibility,  her  General  Assembly,  November  9,  1775,  in 
structed  the  State  delegation  in  Continental  Congress,  as 
follows : 

"  Though  the  oppressive  Measures  of  the  British  Parlia 
ment  and  Administration  have  compelled  us  to  resist 
their  violence  by  Force  of  Arms,  yet  we  strictly  enjoin 
you  that  you  in  behalf  of  this  Colony  dissent  from,  and 
utterly  reject,  any  Propositions,  should  such  be  made, 
that  may  cause  or  lead  to,  a  Separation  from  our  Mother 
Country  or  a  change  of  the  Form  of  this  Government. 
You  are  directed  to  make  Report  of  your  Proceedings  to 
this  House.7'  . 

The  sentiment  of  Pennsylvania  naturally  reflected 
itself  in  New  Jersey,  and  the  Provincial  Congress  and 
Council  of  Safety  of  the  Colony,  on  the  28th  of  Novem 
ber,  1775,  took  the  following  action  in  relation  to  inde 
pendence. 

"The  House  took  into  consideration  the  inquiry  had 
yesterday,  touching  the  Petitions  presented  to  this 
House;  and  it  appearing  from  the  Petitioners  of  the  City 
of  Burlington,  who  were  called  in  and  heard,  that  they 
signed  the  same  from  reports  that  some  men  affected  in 
dependency,  and  being  alarmed  at  such  sentiments,  they 
were  induced  to  present  the  Petition,  hoping  that  the 
House  would  discourage  such  sentiments  by  their  Reso 
lutions;  whereupon,  the  several  Petitions  being  read  the 
second  time, 

"1.  Resolved,  That  reports  of  Independency,  in  the 
apprehension  of  this  House,  are  groundless. 


14 

"2.  Resolved,  That  it  be  recommended  to  the  Dele 
gates  of  the  Colony  to  use  their  utmost  endeavors  for  the 
obtaining  a  redress  of  American  grievances,  and  for  restor 
ing  the  union  between  the  Colonies  and  Great  Britain, 
upon  constitutional  principles. 

"3.  Resolved,  That  the  said  Delegates  be  directed  not 
to  give  their  assent  to,  but  utterly  to  reject  any  proposi 
tions,  if  such  should  be  made,  that  may  separate  this 
Colony  from  the  Mother  Country,  or  change  the  form  of 
Government  thereof.'7 

Maryland  entertained  similar  conservative  sentiments. 
The  convention  of  the  state  assembled  December  7,  1775. 
Undoubtedly  reflecting  the  opinion  of  a  considerable 
majority  of  her  people,  it  placed  upon  its  journal  a  de 
claration 

"  That  the  people  of  this  province,  strongly  attached 
to  the  English  constitution,  and  truly  sensible  of  the 
blessings  they  have  derived  from  it,  warmly  impressed 
with  sentiments  of  affection  for,  and  loyalty  to,  the 
house  of  Hanover,  connected  with  the  British  nation  by 
the  ties  of  blood  and  interest,  and  being  thoroughly  con 
vinced,  that  to  be  free  subjects  of  the  king  of  Great  Bri 
tain,  with  all  its  consequences,  is  to  be  the  freest  members 
of  any  civil  society  in  the  known  world,  never  did,  nor 
do  entertain  any  views  or  desires  of  independency. 

"That  as  they  consider  their  union  with  the  mother 
country  upon  terms  that  may  insure  to  them  a  permanent 
freedom,  as  their  highest  felicity,  so  would  they  view  the 
fatal  necessity  of  separating  from  her,  as  a  misfortune 
next  to  the  greatest  that  can  befal  them."  (Exhibit  B.) 

Intimately  associated  with  these  commonwealths  by 
proximity  and  business  connections,  New  York  took  a 


15 

similar  position.  Her  provincial  congress  on  the  14th, 
of  December,  1775,  "Resolved,  That  it  is  the  opinion  of 
this  Congress  that  none  of  the  people  of  this  colony  have 
withdrawn  their  allegiance  from  His  Majesty.  That  the 
turbulent  state  of  this  colony  arises  not  from  a  desire  to 
become  independent  of  the  British  Crown,  but  solely 
from  the  oppressive  Acts  of  the  British  Parliament,  de 
vised  for  enslaving  His  Majesty's  liege  subjects  in  the 
American  colonies,  and  the  hostile  attempts  of  the  minis 
try  to  carry  these  Acts  into  execution." 

Delaware  joined  her  neighbors  in  the  opposition  to 
independence  and  instructed  its  delegates  in  the  Conti 
nental  Congress  to  promote  reconciliation.  (Exhibit  C.) 
North  Carolina  took  a  stronger  position.  Her  third 
Provincial  Congress  unanimously  adopted,  September 
8th,  1775,  an  "  Address  to  the  Inhabitants  of  the  British 
Empire"  containing  the  following  clauses: 

"We  have  been  told  that  Independance  is  our  object; 
that  we  seek  to  shake  off  connection  with  the  parent 
State.  Cruel  Suggestion!  Do  not  all  our  professions, 
all  our  actions,  uniformly  contradict  this?" 

"We  again  declare,  and  we  invoke  that  Almighty 
Being  who  searches  the  Recesses  of  the  human  heart, 
and  knows  our  most  secret  Intentions,  that  it  is  our  most 
earnest  wish  and  prayer  to  be  restored  with  the  other 
United  Colonies,  to  the  State  in  which  we  and  they  were 
placed  before  the  year  1763,  disposed  to  glance  over  any 
Regulations  which  Britain  had  made  previous  to  this, 
and  which  seem  to  be  injurious  and  oppressive  to  these 
Colonies,  hoping  that  at  some  future  day  she  will  be- 


16 

nignly  interpose  and  remove  from  us  every  cause  of  com 
plaint/7     (Exhibit  D.) 

Even  in  New  England  such  ideas  prevailed.  Ports 
mouth,  New  Hampshire,  December  25,  1775,  instructed 
its  delegates  in  the  State  Provincial  Congress  against  the 
formation  of  a  local  government,  fearing  that  such  action 
would  provide  their  enemies  "with  arguments  to  per 
suade  the  good  people  that  we  are  aiming  at  independ 
ence,  which  we  decidedly  disavow." 

The  necessity  of  providing  for  those  portions  of  the 
country  not  in  actual  control  of  the  English  forms  of 
government  to  maintain  public  order  forced  action  of  a 
temporary  character  in  some  of  the  colonies.  January  5, 
1776,  the  Provincial  Congress  of  New  Hampshire  en 
acted  a  form  of  government  to  continue  during  the  pres 
ent  unhappy  and  unnatural  contest  with  Great  Britain. 
The  preamble  makes  the  usual  recital,  and  closes  as 
follows : 

"  Protesting  and  Declaring  that  we  never  sought 
to  throw  off  our  Dependency  upon  Great  Britain,  but 
felt  ourselves  happy  under  her  Protection,  while  we 
could  enjoy  our  Constitutional  Rights  and  Privileges.— 
And  that  we  shall  rejoice  if  such  a  reconciliation  between 
us  and  our  Parent  State  can  be  effected  as  shall  be  ap 
proved  by  the  Continental  Congress,  in  whose  prudence 
and  Wisdom  we  confide.7' 

Seven  colonies,  Maryland,  Delaware,  Pennsylvania, 
New  Jersey,  and  New  York,  compactly  situated  in  the 
centre  of  the  country,  North  Carolina  in  the  south  and 
New  Hampshire  in  the  north,  all  protested  against  in- 


17 

dependence.  A  majority  of  the  thirteen  colonies,  there 
fore,  as  late  as  March,  1776,  stood  opposed  to  any  separa 
tion  from  the  mother  country. 

The  fourth  Provincial  Congress  of  North  Carolina  met 
at  Halifax,  April  4th,  1776,  and  was  in  session  until 
May  14th,  1776.  A  committee  reported  to  the  congress, 
on  April  12th,  a  suitable  preamble  reciting  the  prevailing 
conditions  between  the  colonies  and  the  mother  country, 
and  one  resolution,  as  follows : 

"Resolved:  That  the  delegates  for  this  Colony  in  the 
Continental  Congress  be  empowered  to  concur  with  the 
delegates  of  the  other  Colonies  in  declaring  independence, 
and  forming  foreign  alliances,  reserving  to  this  Colony 
the  sole  and  exclusive  right  of  forming  a  constitution 
arid  laws  for  this  Colony,  and  of  appointing  delegates 
from  time  to  time  (under,  the  direction  of  a  general  re 
presentation  thereof),  to  meet  the  delegates  of  the  other 
Colonies  for  such  purposes  as  shall  be  hereafter  pointed 
out."  (Exhibit  E.) 

After  consideration  the  report  Was  unanimously  adopted 
by  the  congress.  The  delegates  attending  the  congress 
represented  about  three-fourths  of  the  colony.  The  res 
olution  confines  itself  entirely  to  instructions  to  the  del 
egates  of  North  Carolina  in  the  Continental  Congress. 
It  does  not  decree  that  on  and  after  its  passage  the  col 
ony  of  North  Carolina  shall  be  free  and  independent  of 
the  Kingdom  of  Great  Britain.  The  legal  and  actual 
condition  of  North  Carolina  was  precisely  the  same  after 
this  resolution  was  passed  as  before  it  was  offered.  As 
an  indication  of  the  patriotic  sentiments  and  intentions 


18 

of  a  portion  of  the  people  of  North  Carolina,  it  is  un 
questionably  commendable.  It  can  not  in  any  way  be 
regarded  as  severing  the  connection,  between  England 
and  the  colony  of  North  Carolina. 

The  North  Carolina  resolution  does  not  stand  in  the 
same  degree  with  the  action  of  the  Rhode  Island  General 
Assembly  in  September,  1765,  over  ten  years  prior  to 
the  passage  of  said  resolution.  At  that  time,  the  Rhode 
Island  Assembly  passed  a  series  of  resolutions  as  follows : 

RHODE  ISLAND  RESOLVES  ON  THE  STAMP  ACT, 
SEPTEMBER  16,  1765. 

"  This  Assembly,  taking  into  the  most  serious  considera 
tion,  an  act  passed  by  the  Parliament  of  Great  Britain, 
at  their  last  session,  for  levying  stamp  duties,  and  other 
internal  duties,  in  North  America,  do  resolve,— 

"1.  That  the  first  adventurers,  settlers  of  this,  His 
Majesty's  colony  and  dominion  of  Rhode  Island  and 
Providence  Plantations,  brought  with  them  and  trans 
mitted  to  their  posterity,  and  all  other  His  Majesty's 
subjects  since  inhabiting  this,  His  Majesty's  colony,  all 
the  privileges  and  immunities  that  have  at  any  time  been 
held,  enjoyed,  and  possessed  by  the  people  of  Great 
Britain. 

"2.  That  by  a  charter  granted  by  King  Charles  the 
Second,  in  the  fifteenth  year  of  his  reign,  the  colony,  afore 
said,  is  declared  and  entitled  to  all  the  privileges  and 
immunities  of  natural  born  subjects,  to  all  intents  and 
purposes,  as  if  they  had  been  abiding  and  born  within 
the  realm  of  England. 

"  3.  That  His  Majesty's  liege  people  of  this  colony  have 
enjoyed  the  right  of  being  governed  by  their  own  Assem- 


19 

bly,  in  the  article  of  taxes  and  internal  police;  and  that 
the  same  hath  never  been  forfeited,  or  any  other  way 
yielded  up;  but  hath  been  constantly  recognized  by  the 
King  and  people  of  Britain. 

"4.  That,  therefore,  the  General  Assembly  of  this  col 
ony  have,  in  their  representative  capacity,  the  only  exclu 
sive  right  to  levy  taxes  and  imposts  upon  the  inhabitants 
of  this  colony;  and  that  every  attempt  to  vest  such 
power  in  any  person  or  persons,  whatever,  other  than  the 
General  Assembly,  aforesaid,  is  unconstitutional,  and 
hath  a  manifest  tendency  to  destroy  the  liberties  of  the 
people  of  this  colony. 

U5.  That  His  Majesty's  liege  people,  the  inhabitants  of 
this  colony,  are  not  bound  to  yield  obedience  to  any  law 
or  ordinance  designed  to  impose  any  internal  taxation 
whatsoever  upon  them,  other  than  the  laws  or  ordinances 
of  the  General  Assembly,  aforesaid. 

"6.  That  all  the  officers  in  this  colony,  appointed  by 
the  authority  thereof,  be,  and  they  are  hereby,  directed 
to  proceed  in  the  execution  of  their  respective  offices  in 
the  same  manner  as  usual;  and  that  this  Assembly  will 
indemnify  and  save  harmless  all  the  said  officers  on  account 
of  their  conduct,  agreeably  to  this  resolution."-— (Rhode 
Island  Colonial  Records,  1757-1769,  v.  6,  pp.  451-452.) 

These  Rhode  Island  resolutions  were  characterized  by 
Judge  Staples  as  "  little  short  of  a  declaration  of  entire 
independence  of  the  British  government." 

Prof.  Gammell  states:  "These  resolutions,  taken  as  a 
whole,  are  nearly  equivalent  to  a  declaration  of  inde 
pendence." 

The  action  of  the  Rhode  Island  legislature,  taking 
effect  from  and  after  its  passage,  placed  the  colony  in 


20 

a  position,  in  defense  of  the  liberties  and  rights  of  its 
people,  entirely  different  from  the  action  of  North  Caro 
lina.  Rhode  Island  enacted  a  law  not  dependent  upon 
the  action  of  any  future  body,  not  postponing  the  time  in 
which  its  action  should  become  effective  to  a  distant 
period,  or  permitting  it  to  rest  upon  the  contingency  of 
the  action  of  another  legislative  body;  but  then  and 
there,  in  plain,  unmistakable  language,  the  colony  refused 
to  abide  by  the  act  of  the  English  Parliament,  denied  the 
right  of  that  body  to  impose  such  taxes,  and  authorized 
its  official  representatives  to  ignore  all  laws  in  relation  to 
the  vexed  question  of  the  Stamp  Act  except  those  en 
acted  by  the  Rhode  Island  legislature.  It  also  assumed, 
without  equivocation,  the  antagonistic  and,  so  to  speak, 
rebellious  position  of  protecting  its  own  officers  against 
the  power  of  England  in  consequence  of  any  action  they 
might  take  in  executing  the  mandates  of  the  colony  of 
Rhode  Island. 

May  1st,  1776,  the  province  of  Massachusetts  Bay, 
passed 

"  AN  ACT  FOR  ESTABLISHING  THE  STILE  OF  COMMISSIONS  WHICH 
SHALL  HEREAFTER  BE  ISSUED,  AND  FOR  ALTERING  THE  STILE 
OF  WRITS,  PROCESSES,  AND  ALL  LAW  PROCEEDINGS,  WITHIN 
THIS  COLONY ;  AND  FOR  DIRECTING  HOW  RECOGNIZANC(E)S 
TO  THE  USE  OF  THIS  GOVERNMENT,  SHALL,  FOR  THE  FUTURE, 
BE  TAKEN  AND  PROSECUTED."  (Exhibit  F.) 

The  preamble  recites  the  grievances  of  the  colony 
against  the  King  of  Great  Britain. 

The  bill  provides  that  certain  changes  shall  be  made  in 
the  legal  papers  named,  as  follows: 


21 

First,  That  the  name  and  style  of  the  King  of  Great 
Britain,  France,  and  Ireland,  Defender  of  the  Faith,  etc., 
shall  be  changed  to  the  name  and  style  of  the  Govern 
ment  and  People  of  the  Massachusetts  Bay  in  New  Eng 
land. 

Second,  That  they  shall  be  dated  in  the  year  of  the 
Christian  era,  and  shall  not  bear  the  date  of  the  year  of 
the  reign  of  any  king  or  queen  of  Great  Britain. 

Third,  That  the  money  recovered  and  levied  upon 
recognizances  or  any  suits  upon  recognizances,  shall  be 
paid  into  the  treasury  of  the  colony  for  the  use  and  bene 
fit  thereof. 

Fourth,  Three  sections  of  the  act,  the  2d,  5th,  and  6th, 
particularly  specify  that  they  shall  not  take  effect  until 
June  first,  1776,  thirty  days  after  the  bill  was  passed. 

At  the  close  of  the  second  section,  which  is  perhaps  the 
most  important  of  all  in  the  act,  the  following  limita 
tions  of  the  enactments  therein  contained  are  incorpor 
ated  : 

First,  "Until  some  recommendation  of  the  American 
congress," 

Second,  "Or  act,  order,  or  resolve,  of  a  general  Ameri 
can  legislature," 

Third,  "Or  of  the  legislature  of  this  colony," 
shall  be  made  and  passed,  otherwise  directing  and  pre 
scribing. 

Certain  commissions,  civil  and  military,  previously 
issued,  are  continued  in  force  by  section  3,  until  Sep 
tember  19,  1776,  and  section  4  provides  that  said  com- 


22 

missions  may  be  made  conformable  to  the  style  and 
date  of  this  act. 

The  bill  does  not  repeal  any  of  the  acts  of  allegiance 
then  existing  in  the  statutes  of  Massachusetts,  nor  in 
any  way  abrogate  the  provisions  regarding  allegiance  in 
the  charter  of  Massachusetts,  the  fundamental  law  of 
the  colony.  The  limitation  clauses  clearly  anticipate 
that  the  act  was  not  to  be  permanent  and  that  it  almost 
inevitably  would  be  superseded  by  acts  of  legislative 
bodies  then  in  existence  or  likely  to  be  formed.  Noth 
ing  it  contains  justifies  the  claim  that  by  the  passage  of 
this  act  the  colony  of  Massachusetts  had  severed  her 
connection  with  Great  Britain  to  take  effect  on  and  after 
its  passage,  or  on  June  first,  1776. 

This  act  was  under  consideration  by  the  Massachusetts 
general  legislature  for  the  greater  part  of  the  month  of 
April,  and  was  discussed,  amended,  and  otherwise  con 
sidered  by  a  conference  of  the  two  houses  before  it  was 
passed  on  May  first,  1776. 

Contemporary  evidence  clearly  indicates  that  this  bill 
was  not  considered  even  in  spirit  to  formally  renounce 
all  allegiance. 

John  Winthrop,  a  prominent  member  of  the  Massachu 
setts  Provincial  Congress,  in  a  letter,  dated  Watertown, 
April  1776,  to  John  Adams,  states: 

......     .     "Our  people  are  impatiently  waiting  for  the 

Congress  to  declare  off  from  Great  Britain.  If  they 
should  not  do  it  pretty  soon,  I  am  not  sure  but  this 
colony  will  do  it  for  themselves.  Pray,  how  would  such 
a  step  be  relished  by  the  Congress?  Would  they  ap- 


23 

prove  of  it?  or  would  they  think  it  too  precipitate? 
Would  it  endanger  the  breaking  the  union  of  the  colonies? 
These  are  very  important  questions,  and  I  shall  be  ex 
tremely  glad  to  know  your  sentiments  upon  them.".  .  . 

Mr.  Adams  replies  as  follows,  on  May  6th,  1776: 

.  .  .  .  "Our  people,  you  say,  are  impatiently  wait 
ing  for  the  Congress  to  declare  off  from  Great  Britain. 
What  my  own  sentiments  are  upon  the  question  is  not 
material.  But  others  ask  to  what  purpose  should  we 
declare  off.  Our  privateers  are  at  liberty,  our  trade  is 
open,  the  colonies  are  sliding  into  new  governments,  a 
confederation  may  be  formed;  but  why  should  we  de 
clare  we  never  will  be  reconciled  to  Great  Britain  again 
upon  any  terms  whatsoever? 

"You  ask  how  it  could  be  relished  by  the  Congress,  if 
our  colony  should  declare  off.  I  am  happy  to  hear  that 
our  colony  is  disusing  a  certain  name  in  all  commissions, 
acts,  and  law  processes,  and  I  should  like  very  well  if 
they  would  choose  a  governor,  or  at  least  ask  leave  of 
Congress  to  do  it;  but  I  can  not  advise  them  to  make 
any  public  declarations  separate  from  our  sister  col 
onies."  .  . 

On  June  first,  1776,  when  three  sections  of  the  act  in 
question  became  a  law,  Dr.  Winthrop  replies  to  Mr. 
Adams,  after  treating  of  several  other  matters,  as  fol 
lows: 

"The  style  of  commissions,  law  processes,  etc.,  is  altered 
by  an  act,  and  instead  of  George  the  Third,  it  is  to  be 
'The  Government  and  People  of  the  Massachusetts 
Bay.'  " 


24 

The  Boston  newspapers  naturally  gave  much  space  to 
the  proceedings  of  the  Massachusetts  legislature  and 
printed  many  acts  in  full,  yet  neither  the  New  England 
Chronicle  in  either  of  its  five  editions  for  May,  1776,  nor 
the  Continental  Journal  of  May  30th,  1776,  the  first  num 
ber  issued,  makes  any  reference  to  this  act  of  May  first, 
1776.  Each  of  these  newspapers  is  on  file  in  the  Boston 
Athena3um.  Neither  of  the  four  editions  of  the  Boston 
Gazette  for  May,  1776,  which  was  printed  at  Watertown, 
where  the  Massachusetts  assembly  was  in  session,  makes 
any  reference  to  this  act. 

The  colonial  newspapers  at  that  time  did  not  deem  the 
act  of  sufficient  importance  to  print.  An  examination 
of  the  files  of  some  prominent  English  newspapers  of 
1776  indicates  that  it  was  not  noticed  in  those  publica 
tions. 

Bancroft  states,  "On  the  first  day  of  May,  1776,  Mas 
sachusetts  expunged  the  regal  style  from  all  public  pro 
ceedings,  and  substituted  the  name  of  her  government 
and  people."  That  was  all  the  act  accomplished. 

The  sentiments  of  Rhode  Island  in  relation  to  taxa 
tion  and  independence  were  much  more  decided  than 
those  of  the  other  colonies.  In  1732-33  the  colony  pe 
titioned  the  House  of  Commons  against  the  Sugar  Act, 
then  pending  before  that  body,  and  therein  Rhode  Island 
first  proclaimed  the  principle  that  afterward  became  the 
war-cry  of  the  Revolution:  "No  Taxation  without  Rep 
resentation."  Her  people  unquestionably  committed 
the  first  overt  acts  in  connection  with  the  Revolution. 
The  attack  upon  the  St.  John  in  1764,  followed  soon 


25 

after  by  the  burning  of  the  Maidstone's  boat  on  the  com 
mon  at  Newport,  in  1765,  and  the  capture  and  destruc 
tion  in  Newport  Harbor  in  1769  of  the  King's  armed  sloop 
Liberty,  indicated  the  feeling  of  the  people  concerning 
the  oppressive  measures  of  Great  Britain.  The  State  was 
fortunate  in  her  leaders.  Governor  Ward,  years  before 
the  question  of  independence  was  generally  discussed, 
had  foreseen  the  probabilities,  and  as  early  as  1766,  in 
writing  to  his  son,  said:  " These  colonies  are  destined  to 
an  early  independence,  and  you  will  live  to  see  my  words 
verified." 

In  the  troubled  times  of  the  Stamp  Act,  Bancroft 
states :  "The  Rhode  Island  Governor  stood  alone  among 
the  governors  in  his  refusal  to  take  the  oath  to  support 
the  Stamp  Act." 

Governor  Ward  had  unusual  influence  with  the  people 
of  the  State,  and  his  personal  views  undoubtedly  contrib 
uted  to  Rhode  Island's  prominent  position  in  colonial 
affairs.  His  rival  in  the  politics  of  the  State,  Governor 
Stephen  Hopkins,  was  equally  clear  in  his  anticipations 
of  coming  events.  Without  hesitation  his  opinions  were 
freely  expressed. 

In  October,  1774,  Colonel  Paul  Revere  was  in  Phila 
delphia.  During  his  visit  he  chanced  to  be  in  conversa 
tion  with  several  of  the  congressional  delegates  at  a  time 
when  Hopkins  was  present.  The  probability  of  England's 
repealing  the  obnoxious  acts  was  the  subject  of  discussion. 
Suddenly  turning  and  facing  the  company,  he  said : 

"  Gentlemen,  those  of  you  who  indulge  this  opinion,  I 
think,  deceive  yourselves.  Powder  and  ball  will  decide 


26 

this  question.  The  gun  and  bayonet  alone  will  finish  the 
contest  in  which  we  are  engaged,  and  any  of  you  who 
can  not  bring  your  mind  to  this  mode  of  adjusting  the 
question  had  better  retire  in  time,  as  it  will  not,  perhaps, 
be  in  your  power  after  the  first  blood  shall  have  been 
shed/' 

The  Rhode  Island  Assembly  met  May  1st,  1776,  at 
the  State  house  on  Benefit  street,  in  Providence.  On 
May  fourth  the  act  separating  the  colony  from  Great 
Britain  was  passed  unanimously  in  the  upper  house, 
and  with  sixty  members  of  the  lower  house  present  all 
but  six  voted  in  favor  of  the  bill  and  it  became  a  law. 

AN  ACT  REPEALING  AN  ACT,  INTITLED  "  AN  ACT  FOR  THE  MORE, 
EFFECTUALLY  FECURING  TO  HIS  MAJEFTY  THE  ALLEGIANCE 
OF  HIS  SUBJECTS,  IN  THIS  HIS  COLONY  AND  DOMINION  OF 
RHODE-ISLAND  AND  PROVIDENCE  PLANTATIONS;"  AND 
ALTERING  THE  FORMS  OF  COMMIFFIONS,  OF  ALL  WRITS  AND 
PROCEFFES  IN  THE  COURTS,  AND  OF  THE  OATHS  PREFCRIBED 
BY  LAW.  (Exhibit  H.) 

The  preamble  states  in  concise  and  pertinent  language 
the  cause  of  the  colony  against  the  king.  Its  first  clause : 

"  Whereas,  in  all  states,  existing  by  compact,  protec 
tion  and  allegiance  are  reciprocal,  the  latter  being  due 
only  in  consequence  of  the  former/ ' 

testifies  to  the  world  a  fundamental  principle  of  allegi 
ance  and  government.  The  remainder  of  the  preamble 
charges  George  III  with  a  total  failure  to  protect,  and 
with  such  positive  acts  of  oppression  that  no  other  course 
is  open  to  the  colony  except  self-protection  by  force. 


27 

The  first  enactment  logically  follows  and  repeals  al 
legiance  in  the  colony  and  dominion  of  Rhode  Island  to 
the  Kingdom  of  Great  Britain. 

The  second  enactment  follows  with  equal  propriety. 
All  legal  forms  heretofore  in  use,  by  which  the  people  of 
the  State  indicated  their  dependence  upon  the  sovereign 
of  Great  Britain,  were  forever  swept  away.  The  name 
of  the  king  upon  all  public  papers  was  abolished,  and 
there  was  substituted,  "The  Governor  and  Company  of 
the  English  Colony  of  Rhode  Island  and  Providence 
Plantations." 

From  that  time  Rhode  Island  became  a  free  and  inde 
pendent  State. 

Immediately  upon  the  passage  of  the  act  it  was  printed 
on  a  suitable  broadside,  duly  signed  by  the  authority  of 
the  colony,  and  distributed.  It  was  at  once  noticed  in 
the  local  papers.  The  next  morning  the  Providence 
Gazette  forever  removed  from  the  head  of  its  columns 
the  arms  of  Great  Britain  and  substituted  therefor  the 
arms  of  Rhode  Island.  The  proclamation  was  forwarded 
to  the  assemblies  of  other  colonies  and  was  prominently 
noticed  in  newspapers  of  the  day. 

The  Boston  Gazette  of  May  20,  1776,  mentioned  the 
act  by  title  as  having  been  passed. 

The  Continental  Journal  of  May  30,  1776,  prints  the 
Rhode  Island  act  of  May  4th  in  full. 

The  New  England  Chronicle  of  May  23,  1776,  prints  the 
Rhode  Island  act  of  May  4th  in  full,  giving  it  the  im 
portant  place  of  nearly  all  the  first  column  of  the  first 
page. 


28 

The  Remembrancer  for  1776,  a  magazine  published  in 

r 

London  and  entitled  an  Impartial  Repository  of  Public 
Events,  prints  the  Rhode  Island  act  of  May  4,  1776,  al 
most  entire. 

The  Rhode  Island  declaration  was  published  in  promi 
nent  English  papers.  The  London  Chronicle  for  August 
3,  1776,  printed  the  whole  of  the  Rhode  Island  act, 
giving  it  nearly  a  column.  It  is  indexed  in  the  news 
paper:  "  Rhode  Island,  all  Allegiance  to  the  Crown  of 
Britain  Renounced  by  the  General  Assembly." 

The  national  Declaration  of  Independence  of  July  4, 
1776,  was  printed  in  the  London  Chronicle  of  August  17th, 
of  the  same  year. 

The  Rhode  Island  act  was  also  printed  in  the  following 
London  papers: 

The  Morning  Chronicle  and  London  Advertiser,  No. 
2249,  August  5th,  1776. 

The  Daily  Advertiser,  August  5th,  1776. 

The  Gazetteer  and  New  Daily  Advertiser,  August  5th, 
1776. 

The  Morning  Post  and  Daily  Advertiser,  August  6th, 
1776. 

No  mention  was  found  in  any  of  these  papers  of  the 
Massachusetts  act  of  May  first,  1776. 

Governor  Cooke  wrote  to  General  Washington,  on  May 
6,  1776,  as  follows:  "I  also  enclose  a  copy  of  an  Act  dis 
charging  the  inhabitants  of  this  Colony  from  allegiance 
to  the  King  of  Great  Britain,  which  was  carried  in  the 
House  of  Deputies,  after  a  debate,  with  but  six  dissen- 


29 

tient  voices;  there  being  upwards  of  sixty  members 
present." 

Not  only  in  the  daily  publications,  but  in  many  his 
tories  recognized  as  authorities  upon  American  affairs, 
the  Rhode  Island  act  is  prominently  noticed. 

E.  Benjamin  Andrews,  in  his  History  of  the  United 
States,  says:  "May  4  (1776),  Rhode  Island  formally  de 
clared  her  independence  of  Great  Britain,  by  a  solemn 
act,  abjuring  her  allegiance  to  the  British  crown.  .  .  . 
It  constitutes  Rhode  Island  as  the  oldest  independent 
state  in  America." 

Bancroft,  in  his  History  of  the  United  States,  says: 
"The  despondency  and  hesitation  of  the  assembly  of 
Pennsylvania  was  in  marked  contrast  with  the  fortitude 
of  Rhode  Island,  whose  general  assembly,  on  the  fourth 
day  of  May  (1776),  passed  an  act,  discharging  the  in 
habitants  of  that  colony  from  allegiance  to  the  king  of 
Great  Britain.  .  .  .  The  overturn  was  complete ;  the 
act  was  at  once  a  declaration  of  independence,  and  an 
organization  of  a  self-constituted  republic." 

Bryant  and  Gay,  History  of  the  United  States,  after 
referring  to  the  act  of  May  fourth,  1776,  and  quoting 
largely  from  it,  then  states:  "Thus  the  first  colony  to 
declare  her  absolute  independence  of  the  crown,  was 
Rhode  Island." 

Chief  Justice  Job  Durfee  states:  "She  was  the  first 
to  enact  and  declare  independence.  In  May,  preceding 
the  declaration  of  the  fourth  of  July  by  the  Continental 
Congress,  the  general  assembly  of  this  state  repealed  the 
act  more  effectually  to  secure  allegiance  to  the  king,  and 


30 

enacted  an  oath  of  allegiance  to  the  state,  and  required 
that  all  judicial  processes  should  be  in  the  name  of  the 
state,  and  no  longer  in  His  Majesty's  name;  whereby, 
Rhode  Island,  from  that  moment,  became,  and  is  at  this 
day,  the  oldest  sovereign  and  independent  state  in  the 
western  world.77 

Green,  History  of  Rhode  Island:  "The  last  colonial 
assembly  of  Rhode  Island  met  on  the  first  day  of  May 
(1776).  On  the  fourth,  two  months  before  the  congres 
sional  declaration  of  independence,  it  solemnly  renounced 
its  allegiance  to  the  British  crown,  no  longer  closing  its 
session  with  'God  Save  the  King!'  but  taking  in  its  stead, 
as  expressive  of  their  new  relations,  'God  Save  the  United 
Colonies!'  " 

Mo  wry,  History  of  the  United  States:  "The  first  state 
actually  to  declare  herself  independent  of  Great  Britain 
was  Rhode  Island.  This  act  was  passed  May  4,  1776." 

Smith,  The  Thirteen  Colonies:  "In  this  wise,  in  May, 
1776,  the  Rhode  Island  and  Providence  Plantations,  before 
any  other  colony  declared  their  absolute  independence  of 
the  British  crown." 

Judge  Staples,  in  Rhode  Island  in  the  Continental  Con 
gress,  referring  to  the  act  of  May  4,  1776,  states:  "  It  is 
believed  to  be  the  earliest  vote  of  the  kind  passed  by  any 
of  the  colonies.  It  severed  the  connection  between  Rhode 
Island  and  the  British  crown,  and  the  English  colony  of 
Rhode  Island  became  henceforth  a  sovereign  state." 

These  authorities  unquestionably  confer  on  Rhode 
Island  priority  in  declaring  independence. 

The  Connecticut  Assembly  convened  May  9,  1776,  and 


31 

during  the  session  passed  an  act  repealing  an  act  of 
this  colony,  entitled,  "An  Act  Against  High  Treason." 
It  was  also  enacted  that  all  writs  and  processes  in  "law 
or  equity  shall  issue  in  the  name  of  the  Governor  and 
Company  of  the  Colony  of  Connecticut,  instead  of  his 
Majesty  VName."  .  .  .  and  "that  no  writ  or  process 
shall  have  or  bear  any  date  save  the  year  of  our  Lord 
Christ  only."  The  oaths  of  allegiance  and  supremacy 
were  repealed  and  new  forms  of  oaths  in  harmony  with 
the  above  acts  were  prescribed. 

At  a  convention  of  the  colony  of  Virginia  on  Wed 
nesday,  May  15,  1776,  a  preamble  and  two  resolutions 
were  unanimously  passed.  The  principal  resolution  is 
as  follows : 

"Resolved  unanimously,  that  the  delegates  appointed 
to  represent  this  colony  in  General  Congress,  be  instructed 
to  propose  to  that  respectable  body  to  declare  the  United 
Colonies  free  and  independent  states,  absolved  from  all 
allegiance  to,  or  dependence  upon,  the  crown  or  parlia 
ment  of  Great  Britain ;  and  that  they  give  the  assent  of 
this  colony  to  such  declaration,  and  to  whatever  measures 
may  be  thought  proper  and  necessary  by  the  Congress 
for  forming  foreign  alliances,,  and  a  confederation  of  the 
colonies  at  such  time  and  in  the  manner  as  to  them  shall 
seem  best:  Provided,  that  the  power  of  forming  govern 
ment  for,  and  the  regulations  of  the  internal  concerns  of 
each  colony,  be  left  to  the  respective  colonial  legislatures." 

In  response  to  the  advice  of  the  Continental  Congress, 
the  colony  of  New  Jersey  on  July  2,  1776,  agreed  upon  a 
set  of  charter  rights  and  the  form  of  the  constitution, 
which  contained  this  clause : 


32 

"  Provided  always,  and  it  is  the  true  Intent  and  Mean 
ing  of  this  Congress,  That  if  a  Reconciliation  between 
Great  Britain  and  these  Colonies  should  take  Place,  and 
the  latter  be  again  taken  under  the  Protection  and  Gov 
ernment  of  the  Crown  of  Great  Britain,  this  Charter  shall 
be  null  and  void,  otherwise  to  remain  firm  and  inviolable." 

After  a  diligent  search  in  the  published  acts  of  the 
colonies  of  New  York,  Pennsylvania,  Delaware,  Maryland, 
South  Carolina,  and  Georgia,  no  act  in  any  way  sepa 
rating  these  colonies  from  Great  Britain  has  been  dis 
covered. 

South  Carolina,  Feb.  13,  1777,  established  an  oath  of 
abjuration  and  allegiance  to  the  state. 

The  legislative  body  that  enacted  the  Rhode  Island 
Declaration  of  Independence  was  established  by  the 
charter  of  the  colony  granted  in  1663  by  King  Charles 
the  Second.  It  had  been  since  then  the  duly  recognized 
government  of  Rhode  Island.  It  was  not  elected  for  a 
special  purpose,  but  for  the  general  government  of  the 
colony.  It  was  not  a  provincial  assemblage,  created  in 
the  emergency  caused  by  the  failure  of  Great  Britain's 
authorities  to  maintain  order  and  before  the  formation 
of  another  staple  government.  It  did  not  vehemently 
protest  that  it  had  no  thought  of  independence  and 
legislated  only  to  cover  the  interval  until  the  authority 
of  Great  Britain  should  be.  restored.  It  did  not  disavow 
nor  seek  to  explain  its  own  acts  tending  toward  independ 
ence.  Rhode  Island  understood  and  appreciated  her 
rights.  She  made  no  apologies.  The  period  of  dignified 
petition  for  the  recognition  of  her  liberties  had  passed. 


83 

Without  hesitation  or  undue  debate,  with  the  courage  of 
conviction  and  the  determination  to  be  free,  the  authority 
that  had  governed  the  colony  for  nearly  one  hundred  and 
thirteen  years  forever  terminated  its  allegiance  to  Great 
Britain. 

The  act  was  in  entire  harmony  with  the  past  history 
of  the  colony.  Its  repeated  overt  acts  against  the 
authority  of  England,  extending  from  1764  to  1772,  had 
placed  it  far  in  advance  of  the  other  colonies  in  the 
entirely  unofficial  popular  uprisings  against  Great  Brit 
ain.  They  were  followed  as  a  legitimate  consequence 
by  the  first  unofficial  suggestion  for  a  permanent  Congress 
of  the  American  colonies,  published  in  the  "  Providence 
Gazette"  for  May  14,  1774: 

"It  seems  to  be  the  universal  opinion  in  America,  that 
the  Union  of  the  Colonies  is  of  the  greatest  Importance  to 
their  Security,  and  therefore  ought  to  be  pursued  by 
every  good  Man  in  this  Country.  It  is  hoped  that  the 
Wisdom  of  this  great  People  will  ever  be  exerted  to  make 
the  Union  perpetual ;  and  for  this  Purpose  it  is  proposed 
that  there  be  an  Assembly  of  the  AMERICAN  STATES, 
consisting  of  Deputies  from  the  Representative  Body  in 
each  Colony,  to  form  a  League  and  COVENANT  for  the 
Colonies  to  enter  into,  and  fix  the  UNION  upon  a  basis 
which  may,  by  the  Blessing  of  Heaven,  be  durable  as  the 
World,  and  lay  a  foundation  for  Freedom  and  Happiness 
in  America  to  all  future  Ages."  (Exhibit  K.) 

The  official  acts  of  Rhode  Island  in  some  respects  ante 
dated  the  irrepressible  popular  efforts  of  her  people  in 
behalf  of  liberty.  As  early  as  1732-33  the  colony, 
through  its  agent  in  London,  officially  petitioned  and 


34 

protested  against  the  passage  of  the  Sugar  Act  by  the 
English  House  of  Commons.  It  proclaimed  the  then 
novel  principle  that  the  people  of  Rhode  Island  could  not 
rightfully  be  taxed  by  the  House  of  Commons,  as  they 
were  not  represented  in  that  body.  This  official  claim 
of  the  Revolutionary  contention  "No  Taxation  without 
Representation "  was  emphatically  rejected. 

Rhode  Island  in  her  Stamp  Act  Resolutions,  Sept. 
16,  1765,  was  the  only  colony  to  direct  her  colonial  offi 
cers  to  defy  the  power  of  Great  Britain  and  to  execute 
the  laws  of  the  colony. 

The  first  official  call  for  the  Continental  Congress  was 
voted  at  the  Providence  town  meeting  held  May  17, 
1774. 

"That  the  deputies  of  this  town  be  requested  to  use 
their  influence  at  the  approaching  session  of  the  General 
Assembly  of  this  colony,  for  permitting  a  congress,  as 
soon  as  may  be,  of  the  representatives  of  the  General 
Assemblies  of  the  several  colonies  and  provinces  of  North 
America,  for  establishing  the  firmest  union;  and  adopt 
ing  such  measures  as  to  them  shall  appear  the  most 
effectual  to  answer  that  important  purpose;  and  to 
agree  upon  proper  methods  for  executing  the  same." 

Rhode  Island  was  the  first  to  elect  congressional  dele 
gates.  On  June  15,  1774,  less  than  a  month  after  the 
passage  of  the  Providence  resolutions,  her  General  Assem 
bly  elected  Stephen  Hopkins  and  Samuel  Ward  to  repre 
sent  the  colony  in  the  Continental  Congress. 

April  25,  1775,  the  Rhode  Island  Assembly  authorized 
an  army  of  observation  of  fifteen  hundred  men. 


35 

June  15th,  1775,  the  Rhode  Island  legislature  authorized 
the  first  Colonial  Navy,  and  placed  it  under  the  command 
of  Commodore  Abraham  Whipple.  The  day  he  received 
his  commission,  after  a  sharp  action,  he  defeated  the 
tender  of  the  Rose  frigate,  drove  her  upon  the  Conani- 
cut  shore,  and  captured  her  stores  and  outfit.  This  was 
the  first  action  between  an  official  vessel,  duly  commis 
sioned  by  any  of  the  colonies,  and  any  vessel  in  the  ser 
vice  of  the  King.  To  Commodore  Whipple,  therefore, 
belongs  the  honor  of  firing  the  first  cannon  upon  the  seas 
in  the  defense  of  American  liberty  against  any  portion 
of  the  King's  navy. 

Rhode  Island's  energetic  action  on  the  sea  in  her  own 
behalf  was  followed,  August  26,  1775,  by  the  formal  in 
structions  of  her  General  Assembly  to  the  colony's  Con 
gressional  delegates 

"to  use  their  whole  influence,  at  the  ensuing  Congress, 
for  building  at  the  Continental  expense,  a  fleet  of  suffi 
cient  force,  for  the  protection  of  these  colonies,  and  for 
employing  them  in  such  manner  and  places  as  will  most 
effectually  annoy  our  enemies,  and  contribute  to  the 
common  defense  of  these  colonies" 

Bancroft  states,  after  citing  these  circumstances, 
"This  was  the  origin  of  our  navy." 

In  May,  1775,  it  became  evident  that  Governor  Wanton 
was  not  in  harmony  with  the  people  of  the  colony.  He 
had  just  been  elected  for  the  seventh  time.  In  various 
ways  he  had  exhibited  decided  opposition  to  the  cause 
of  colonial  defense,  and  had  even  refused  to  sign  the 
commissions  for  the  officers  of  the  new  army. 


36 

"By  all  which  he  hath  manifested  his  intentions  to 
defeat  the  good  people  of  these  colonies  in  their  present 
glorious  struggle  to  transmit  inviolate  to  posterity,  those 
sacred  rights  they  have  received  from  their  ancestors. " 

With  the  decision  and  courage  that  usually  marked 
the  action  of  the  colony  he  was  disqualified  by  the  As 
sembly.  Nov.  7,  1775,  Governor  Wanton,  having  con 
tinued  his  opposition  to  the  cause  of  liberty,  -was  for 
merly  deposed,  the  office  of  Governor  declared  vacant, 
and  the  Deputy-Governor,  Nicholas  Cooke,  elected  to  fill 
the  vacancy. 

By  such  successive  steps  Rhode  Island  approached 
independence,  and  the  colony  became,  by  enactment,  May 
4th,  1776,  a  free  and  independent  republic.  Her  people, 
inspired  with  ardent  patriotism,  hesitated  at  no  sacrifice 
to  maintain  their  position. 

On  sea  as  on  land,  the  armed  forces  of  the  colony  strove 
valorously  for  the  colonial  cause.  In  privateering,  the 
State  was  particularly  successful,  and  secured  large 
profits  from  these  enterprises.  The  activity  and  success 
of  the  State's  private  armed  vessels  gained  wide  repu 
tation,  and  caused  Providence  to  be  known  as  the  "  Hor 
net's  Nest." 

At  Trenton,  in  1777,  a  considerable  portion  of  Washing 
ton's  army  consisted  of  Col.  Hitchcock's  brigade,  formed 
in  greater  part  of  three  Rhode  Island  regiments,  Hitch 
cock's,  Varnum's,  and  Lippitt's.  These  men  participated 
in  the  action  at  Assunpink  Creek,  joined  in  the  fateful 
march  the  following  night,  and  fought  at  Princeton  in 
the  morning.  After  the  contest,  and  on  the  field  of  bat- 


37 

tie,  Gen.  Washington,  taking  Col.  Hitchcock  by  the  hand, 
expressed  high  admiration  of  his  conduct  and  that  of 
his  troops  and  desired  him  to  convey  his  thanks  to  the 
brigade. 

At  Springfield,  in  1780,  a  portion  of  Col.  AngelFs 
regiment,  consisting  of  170  men,  in  checking  for  forty 
minutes  the  advance  of  1,500  of  the  enemy,  rendered  sig 
nal  service  to  the  Continental  cause.  Washington  highly 
complimented  this  regiment  in  general  orders,  and  wrote 
to  Gov.  Greene,  as  follows:— 

"The  gallant  behavior  of  Col.  AngelFs,  on  the  23d 
instant  at  Springfield,  reflects  the  highest  honor  upon  the 
officers  and  men.  They  disputed  an  important  pass 
with  so  obstinate  a  bravery  that  they  lost  upwards  of 
forty  in  killed,  wounded,  and  missing,  before  they  gave  up 
their  ground  to  a  vast  superiority  of  force."  .  .  .  He 
adds,  in  conclusion:  "The  ready  and  ample  manner  in 
which  your  State  has  complied  with  the  requisitions  of 
the  Committee  of  co-operation,  both  as  to  men  and  sup 
plies,  entitle  her  to  the  thanks  of  the  public,  and  affords 
the  highest  satisfaction  to  your  Excellency's  most  obe 
dient  servant  George  Washington." 

Rhode  Island  was  equally  marked  for  her  financial 
support  of  the  patriot  cause,  as  stated  by  the  late  Judge 
Horatio  Rogers. 

"In  1783,  the  Continental  Loan  Office  accounts  show 
that  only  four  states  had  contributed  more  to  the  pub 
lic  treasury  than  Rhode  Island,  diminutive  as  she  was, 
and  in  proportion  to  population  none  could  compare 
with  her.  With  less  than  a  quarter  of  the  inhabitants 


38 

of  Maryland  she  held  half  again  as  much  of  the  public 
debt.  Though  only  one-eighth  as  populous  as  Virginia, 
she  was  a  public  creditor  in  more  than  double  the  amount 
of  that  great  state;  and  while  North  Carolina  and  South 
Carolina  each  possessed  more  than  three  times  the  num 
ber  of  inhabitants  of  Rhode  Island,  yet  this  state  held 
upwards  of  six  times  more  of  the  public  debt  than  the 
former,  and  upwards  of  seven  times  more  than  the  latter." 

In  proclaiming  the  action  of  Rhode  Island  and  her  peo 
ple  in  the  conflict  for  American  liberty,  and  in  submitting 
evidence  of  their  services  in  the  Continental  cause,  it  is 
never  to  be  forgotten  that  each  of  the  thirteen  colonies 
was  inspired  with  similar  patriotism  and  an  equal  deter 
mination  to  achieve  Independence.  Each  furnished  its 
quota  of  ennobling  sacrifices  and  heroic  deeds.  In  grate 
ful  recognition  thereof  we  confidently  maintain  the  claims 
of  Rhode  Island. 


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79.  (Anno  Regni  Gulielmi  et  Mariae,  Regis  et  Regina?.     Quarto.) 

Acts  and  Laws  of  Massachusetts.     Folio,  1714. 

80.  Massachusetts.     Acts  and  Laws  of  Massachusetts,  1726. 

Added  Laws,  1726-1737. 

81.  Rhode  Island.     R.  I.  Schedules.     May  Session,  1776. 

82.  Rhode  Island.     Schedules  of  R.  I.,  April,  1775. 

83.  The  True  Mecklenburg  Declaration  of  Independence,  A.  S. 

Salley,  Jr. 

84.  JOHN  FISKE,  American  Revolution.     (Riverside  Pi-ess,  1898.) 

85.  Rise   of   the   Republic   of  the   United   States,   Frothingham. 

(Little,  Brown  &  Co.) 

86.  LARNED,  History  for  Ready  Reference,  Vol.  4. 

87.  The  Historical  Magazine,  Vol.  6,  No.  3,  March,  1862. 

88.  "  Vol.  6,  No.  5,  May,  1862. 


IV 

89.  American    Commonwealth,    Hon.    James    Bryce    (1891    ed.), 

Vol.  1. 

90.  Montcalm  and  Wolfe,  Francis  Parkman  Vol.  1. 

91.  Stone's  Life  of  Rowland. 

92.  Narrative  and  Critical  History,  Justin  Winsor,  Vol.  6. 

93.  Rhode  Island  Colonial  Records,  Vol.  7. 

94.  Life  of  Ward,  Gammell. 

95.  North  Carolina  Colonial  Records,  Vols.  9,  10. 

96.  Original  Schedules  of  the  Rhode  Island  Assembly,  1770-1776. 

97.  Life  and  Correspondence  of  George  Read,  W.  T.  Read. 

98.  Proceedings  of  the  Convention  of  the  Province  of  Maryland, 

1774-1776. 

99.  Journal  of  the  New  York  Provincial  Congress,  1775-1777. 

100.  Minutes  of  the  Provincial  Congress  and  Council  of  Safety  of 

the  State  of  New  Jersey. 

101.  Provincial  Papers  of  New  Hampshire,  Vol.  7. 

102.  State  Papers  of  New  Hampshire,  Vol.  8. 

103.  Votes  and  Proceedings  of  the  House  of  Representatives  of  the 

Province  of  Pennsylvania,  1682-1776,  Vol.  6. 

104.  Collections  of  the  Massachusetts  Historical  Society,  Vol.   4, 

5th  Series. 

105.  Connecticut  Colonial  Records,  Vol.  14,  15. 

106.  Massachusetts  Provincial  Congress,  1774-1775. 

107.  Lincoln  Revolutionary  Movement  in  Pennsylvania. 

108.  History  of  Maryland,  Scharf,  Vol.  1. 

109.  Connecticut  Colonial  Records,  Vol.  12. 

110.  History  of  Massachusetts,  Hutchinson,  Vol.  3. 

111.  South  Carolina  under  Royal  Governors,  McCrady. 

112.  New  Jersey  Archives,  Vol.  24. 

113.  English  Liberties  or  the  Freeborn  Subjects'  Inheritance,  Henry 

Care. 

114.  Magazine  of  History,  October  and  November,  1906. 

115.  Pennsylvania's  Votes  and  Proceedings,  Vols.  5  and  6. 

116.  Original  letters,  John  Adams,  July  20th  and  July  28th,  1819. 


117.  Magazine  of  American  History,  Vol.  2. 

CONNECTICUT. 

118.  Journal   of  Proceedings  of  Constitutional  Convention,    1818. 

8vo.  .   Hartford,  1873. 

119.  The  Three  Constitutions  of  Connecticut,  1638-39;    1662-1818. 

8vo.     Hartford,  1901. 

120.  Historical    Notes,    Constitutions    of   Connecticut,    1639-1818. 

8vo.     Hartford,  1901. 

121.  Journal    Constitutional    Convention,    1902.     8vo.     Hartford, 

1902. 

122.  Acts  and  Laws,  1786.     8vo. 

MASSACHUSETTS. 

123.  Acts  and  Laws.     July,  1775. 

124.  May,  1776. 

RHODE    ISLAND. 

125.  Rhode  Island  Colonial  Records.     10  vols.     1636-1792. 

126.  Rhode  Island  Acts  and  Resolves,  1747-1777. 

127.  Acts  and  Laws.     Folio.     1705. 

128.  '  "       "  1719. 

129.  "       "  1730. 

130.  "       "  1730-36. 

131.  "       "  1745. 

132.  1745-52. 

133.  "       "  1772. 

NEW    JERSEY. 

134.  Nevill's  Laws.     Folio,  2  vols.     1761. 

NEW    YORK. 

135.  Laws.  1774-1775.     Reprint. 

136.  Van  Schaak's  Laws.  Folio.     1774. 


VI 

137,  Laws.  Folio     1777. 

138.  Jones  and  Varick's  Laws.         "         1789. 


PENNSYLVANIA. 


139.  Bailey's  Laws. 

140.  Dallas's  Laws. 


141.  Kilty's  Laws. 

142.  Maxcy's  Laws. 


143.  Public  Laws. 

144.  Laws. 


Folio.     1775-1781. 

1700-1801.     4  vols. 


MARYLAND. 


4to.         1692-1800.     2  vols. 
8vo.        1692-1800.     3  vols. 


VIRGINIA. 


Folio.     1769-1783. 
1769. 


NORTH    CAROLINA. 

145.  Martin's  Laws.  4to.         1715-1803.     2  vols. 

SOUTH    CAROLINA. 

146.  Statutes  at  Large.  8vo.        Vol.  4  (1752-1786). 

147.  Grimke's  Laws.  4to.         1790. 

GEORGIA. 

148.  Marbury  and  Crawford's  Digest  of  Laws.     4to.     1755-1800. 

149.  Watkin's  Digest  of  Laws.     4to.     1800. 


EXHIBITS. 


Exhibit  A. 


Copy  of  the  letter  from  John  Adams  to  the  Rev. 
William  Bentley,  never  before  published,  made  by  Mr. 
Clarence  S.  Brigham,  from  the  original  manuscript  in 
the  library  of  the  American  Antiquarian  Society,  Wor 
cester,  Massachusetts. 

QUINCY  July  20th  1819. 
dear  Sir 

I  thank  you  for  myself,  and  for  Mr  Marston  for  the 
kindness  you  did  us  by  your  letter  of  the  17th  Which 
I  received  this  morning.  And  at  the  same  time  I 
received  the  letter  from  Mr  Jefferson,  of  which  my  Son 
has  made  the  inclosed  Copy  at  my  desire  for  your  use. 

This  letter  is  to  me  inestimable  for  the  most  material 
facts  in  it,  I  certainly  know  to  be  correct  and  exact.  It 
has  convinced  me  that  the  Mecklengburg  resolutions  are 
mere  fictions.  I  wish  I  could  request  you  to  publish 
this  letter  entire;  but  I  cannot,  because  I  have  not  the 
writers  consent — you  may  make  such  discreet  use  of 
it  as  you  think  proper.  I  have  wrote  to  Mr  Jefferson 
inclosing  the  Essex  Register,  and  have  received  this 
answer  which  to  me  is  entirely  satisfactory  in  all  its  parts. 
It  will  be  difficult  for  Posterity  to  detect  the  Multitudi 
nous  falsehoods  which  were  published  from  day  to  day 
during  the  Revolution,  and  ever  since,  but  fictions  of  this 
kind,  five  and  forty  years  after  the  pretended  fact,  ought 


Vlll 


to  be  discountenanced  by  every  man  of  honor,  and  this 
in  particular  ought  to  be  hunted  from  the  dark  Cavern 
from  which  it  originated,  the  more  ingenious  the  inven 
tion  the  more  detestable— 

I  am  Sir  your  greatly  obliged  Friend  and 

Humble  Servant 
Revnd  William  Bentley 

(Signed)  JOHN  ADAMS 

Copy  of  a  letter  from  John  Adams  to  the  Rev.  William 
Bentley,  never  before  published,  made  by  Mr.  Clarence 
S.  Brigham,  from  the  original  manuscript  in  the  library 
of  the  American  Antiquarian  Society,  Worcester,  Massa 
chusetts. 

QUINCY  July  28th  1819 

MY  INESTIMABLE  FRIEND. 

The  Essex  Register,  its  Editors,  and  Printers  are  not 
only  Innocent  but  meritorious  for  Publishing  the  pre 
tended  Mecklengburg  Resolutions.  I  have  transmitted 
to  Mr  Jefferson  the  National  Register,  for  his  satisfaction. 
Such  imposters,  which  our  Polished  English  friends  call 
Hoaxes,  and  boares,  I  am  impolite  enough  to  think, 
ought  to  be  called  forgerys,  and  Villanys,  and  the  Authors 
of  them  ought  to  be  exposed  to  public  Resentment,  for 
their  tendency  is  to  produce  confusion  and  uncertainty 
in  the  minds  of  the  present  generation,  and  in  all  History. 

I  hope  the  author  of  the  second  North  Carolina  vol 
cano  will  be  detected  and  brought  to  shame. 

I  will  now  add,  that  I  am  greatly  obliged  to  the  proprie 
tors  of  the  Essex  Register;  for  kindly  sending  me  that 
paper,  but  as  it  is  an  expence  and  trouble  to  them,  it 
hurts  my  feelings,  because  the  necessitys  of  my  Family 


IX 


must  prevent  me  from  subscribing  for  it,  though  I  think 
it  is  the  best  paper  amongst  the  many  that  I  receive,  and 
cannot  read. 

I  am  Sir,  with  great  Esteem,  and  sincere  affection,  your 
obliged  Friend  and  humble  Sernt 

JOHN  ADAMS 
Revnd  William  Bentley 


Exhibit  B. 


MARYLAND  CONVENTION, 


January  18,  1776. 

'  Resolved  unanimously,  That  the  following  declara 
tion  be  entered  on  their  journals: 

"  We,  the  delegates  of  the  freemen  of  Maryland  in 
convention,  affected  with  the  deepest  concern  by  the 
opinion  declared  in  the  king's  speech  to  parliament  on 
the  27th  day  of  October  last,  and  expressed  in  the 
address  of  the  lords  spiritual  and  temporal  to  his  majesty 
in  answer  thereto,  that  the  necessary  preparations  for 
defence  made  by  these  colonies,  are  carried  on  for  the 
purpose  of  establishing  an  independent  empire,  and  being 
desirous  to  remove  from  the  mind  of  the  king,  an  opinion 
which  we  feel  to  be  highly  injurious  to  the  people  of  this 
province,  and  to  declare  and  manifest  to  his  majesty,  to 
the  parliament,  the  people  of  Great  Britain,  and  to  the 


whole  world,  the  rectitude  and  purity  of  our  intentions 
in  the  present  opposition  to  the  measures  of  the  British 
ministry  and  parliament,  do  declare : 

"  That  the  people  of  this  province,  strongly  attached 
to  the  English  constitution,  and  truly  sensible  of  the 
blessings  they  have  derived  from  it,  warmly  impressed 
with  sentiments  of  affection  for,  and  loyalty  to,  the 
house  of  Hanover,  connected  with  the  British  nation  by 
the  ties  of  blood  and  interest,  and  being  thoroughly  con 
vinced,  that  to  be  free  subjects  of  the  king  of  Great  Bri 
tain,  with  all  its  consequences,  is  to  be  the  freest  members 
of  any  civil  society  in  the  known  world,  never  did,  nor 
do  entertain  any  views  or  desires  of  independency. 

"  That  as  they  consider  their  union  with  the  mother 
country  upon  terms  that  may  insure  to  them  a  perma 
nent  freedom,  as  their  highest  felicity,  so  would  they 
view  the  fatal  necessity  of  separating  from  her,  as  a  mis 
fortune  next  to  the  greatest  that  can  befal  them. 

"  Descended  from  Britons,  entitled  to  the  privileges  of 
Englishmen,  and  inheriting  the  spirit  of  their  ancestors, 
they  have  seen  with  the  most  extreme  anxiety  the  at 
tempts  of  parliament  to  deprive  them  of  those  privileges, 
by  raising  a  revenue  upon  them,  and  assuming  a  power  to 
alter  the  charters,  constitutions,  and  internal  polity  of 
the  colonies  without  their  consent.  The  endeavors  of 
the  British  ministry  to  carry  those  attempts  into  execu 
tion  by  military  force  have  been  their  only  motive  for 
taking  up  arms,  and  to  defend  themselves  against  those 
endeavors  is  the  only  use  they  mean  to  make  of  them, 


XI 


entitled  to  freedom,  they  are  determined  to  maintain  it 
at  the  hazard  of  their  lives  and  fortunes.  " — (Proceed 
ings  of  the  Conventions  of  the  Province  of  Maryland, 
1774,  1775,  and  1776,  p.  120-121.) 


Exhibit  C. 


DELAWARE  HOUSE  OF  REPRESENTATIVES, 


March  22,  1776. 

"  To  the  delegates  of  the  '  Three  Lower  Counties  on 
Delaware  '  the  following  instructions  were  at  this  time 
given : 

"  In  the  House  of  Representatives  for  the  Counties  of 
New  Castle,  Kent,  and  Sussex,  upon  Delaware.  At  New 
Castle,  Friday,  March  22.  P.M.: 

"  Instructions  to  the  Deputies  appointed  by  this 
Government  to  meet  in  General  Congress: 

"  1st.  That  you  embrace  every  favorable  opportunity 
to  effect  a  reconciliation  with  Great  Britain,  on  such 
principles  as  may  secure  to  your  constituents  a  full  and 
lasting  enjoyment  of  all  their  just  rights  and  privileges; 
and,  as  the  most  probable  means  of  obtaining  such 
desirable  ends,  you  are  to  cultivate  with  the  greatest  care 
the  union  which  so  happily  prevails  throughout  the 
United  Colonies,  and  consequently  to  avoid  and  dis 
courage  any  separate  treaty. 


Xll 


"  2d.  Notwithstanding  our  earnest  desire  of  peace 
with  Great  Britain,  upon  the  terms  aforesaid,  you  are 
nevertheless  to  join  with  the  other  colonies  in  all  such 
military  operations  as  may  be  judged  proper  and  neces 
sary  for  the  common  defence,  until  such  a  peace  can  be 
happily  obtained. 

u  3d.  On  every  necessary  occasion  you  are  decently, 
but  firmly,  to  urge  the  right  of  this  government  to  an 
equal  voice  in  Congress  with  any  other  Province  on  this 
continent,  as  the  inhabitants  thereof  have  their  all  at 
stake  as  well  as  others. 

"  Extract  from  the  minutes. 

"  JAMES  BOOTH, 
"  Clerk  of  the  Assembly.7' 

(W.   T.    Read's    "  Life   and   Correspondence   of   George 
Read,"  p.  148,  149.) 


Exhibit  D. 


THE  COLONIAL  RECORDS  OF  NORTH  CAROLINA, 


Vol.  X.— 1775-1770.     Pages   201-203. 


THIRD   PROVINCIAL   CONGRESS. 


EXTRACT  FROM  "THE  JOURNAL  OF  PROCEEDINGS"  OF  THE 

PROVINCIAL  CONGRESS  OF  NORTH  CAROLINA,  HELD 

AT  HILLSBOROUGH  FROM  AUGUST  20th  TO 

SEPTEMBER  10,  A.  D.  1775. 


"FRIDAY,   SEPTEMBER  8,    1775. 

"Mr.  Hooper  laid  before  the  house  an  Address  to  the 
Inhabitants  of  the  British  Empire;  and  the  same  being 
read,  was  unanimously  received,  and  is  as  follows,  viz, 

"FRIENDS  AND  FELLOW  CITIZENS, 

"The  fate  of  the  contest  which  at  present  subsists 
between  these  American  Colonies  and  the  British  Minis 
ters  who  now  sit  at  the  helm  of  public  affairs,  will  be  one 


XIV 


of  the  most  important  Epochs  which  can  mark  the  An 
nals  of  the  British  history.  Foreign  Nations  with  anxious 
expectation  wait  the  result,  and  see  with  amazement 
the  blind  infatuated  Policy  which  the  present  Adminis 
tration  pursues  to  subjugate  these  Colonies,  and  reduce 
them  from  being  loyal  and  useful  Subjects  to  an  abso 
lute  dependance  and  abject  Slavery,  as  if  the  descend 
ants  of  those  Ancestors,  who  have  shed  Rivers  of  Blood, 
and  expended  Millions  of  Treasure,  in  fixing  upon  a 
lasting  foundation  the  Liberties  of  the  British  Consti 
tution,  saw  with  envy  the  once  happy  state  of  this  West 
ern  Region,  and  strove  to  exterminate  the  patterns  of 
those  Virtues  which  shone  with  a  Lustre  which  bid  fair 
to  Rival  and  Eclipse  their  own. 

"To  enjoy  the  Fruits  of  our  own  honest  Industry;  to 
call  that  our  own  which  we  earn  with  the  labour  of  our 
hands  and  the  sweat  of  our  Brows;  to  regulate  that  in 
ternal  policy  by  which  we  and  not  they  are  to  be  affected ; 
these  are  the  mighty  Boons  we  ask.  And  Traitors, 
Rebels,  and  every  harsh  appellation  that  Malice  can  dic 
tate  or  the  Virulence  of  language  express,  are  the  returns 
which  we  receive  to  the  most  humble  Petitions  and  earnest 
supplications.  We  have  been  told  that  Independance 
is  our  object;  that  we  seek  to  shake  off  connection  with 
the  parent  State.  Cruel  Suggestion!  Do  not  all  our 
professions,  all  our  actions,  uniformly  contradict  this? 

"We  again  declare,  and  we  invoke  that  Almighty 
Being  who  searches  the  Recesses  of  the  human  heart  and 
knows  our  most  secret  Intentions,  that  it  is  our  most 
earnest  wish  and  prayer  to  be  restored  with  the  other 
United  Colonies,  to  the  State  in  which  we  and  they  were 
placed  before  the  year  1763,  disposed  to  glance  over  any 
Regulations  which  Britain  had  made  previous  to  this, 
and  which  seem  to  be  injurious  and  oppressive  to  these 


XT 


Colonies,  hoping  that  at  some  future  day  she  will  be 
nignly  interpose  and  remove  from  us  every  cause  of  com 
plaint. 

''Whenever  we  have  departed  from  the  forms  of  the 
Constitution,  our  own  safety  and  self  preservation  have 
dictated  the  expedient ;  and  if  in  any  Instances  we  have 
assumed  powers  which  the  laws  invest  in  the  Sovereign 
or  his  representatives,  it  has  been  only  in  defence  of  our 
persons,  properties  and  those  rights  which  God  and  the 
Constitution  have  made  Unalienably  ours.  As  soon  as 
the  cause  of  our  Fears  and  Apprehensions  are  removed, 
with  joy  will  we  return  these  powers  to  their  regular 
channels;  and  such  Institutions  formed  from  mere  ne 
cessity,  shall  end  with  that  necessity  that  created  them. 

11  These  expressions  flow  from  an  affection  bordering 
upon  devotion  to  the  succession  of  the  house  of  Hanover 
as  by  law  established,  from  Subjects  who  view  it  as  a 
Monument  that  does  honor  to  human  nature;  a  Monu 
ment  capable  of  teaching  Kings  how  glorious  it  is  to 
reign  over  a  free  People.  These  are  the  heart  felt  ef 
fusions  of  Men  ever  ready  to  spend  their  Blood  and 
Treasure  when  constitutionally  called  upon,  in  support 
of  the  succession  of  His  Majesty  King  George  the  third, 
his  Crown  and  dignity,  and  who  fervently  wish  to  Trans 
mit  his  Reign  to  future  ages  as  the  Ord  of  common  happi 
ness  to  his  people.  Could  these  our  Sentiments  reach 
the  Throne,  surely  our  Sovereign  would  forbid  the  hor 
rors  of  War  and  desolation  to  intrude  into  this  once 
peaceful  and  happy  Land,  and  would  stop  that  deluge  of 
human  Blood  which  now  threatens  to  overflow  this 
Colony,  Blood  too  precious  to  be  shed  but  in  a  common 
cause  against  the  common  enemy  of  Great  Britain  and 
her  sons. 

"This  declaration  we  hold  forth  as  a  Testimony  of 


XVI 


Loyalty  to  our  Sovereign,  and  Affection  to  our  parent 
State,  and  as  a  sincere  earnest  of  our  present  and  future 
intentions. 

"We  hope  hereby  to  remove  those  impressions  which 
have  been  made  by  the  representations  of  weak  and 
wicked  men  to  the  prejudice  of  this  Colony,  who  thereby 
intended  that  the  rectitude  of  our  designs  might  be 
brought  into  distrust;  and  sedition,  Anarchy,  and  con 
fusion,  spread  through  this  loyal  province. 

"We  have  discharged  a  duty  which  we  owe  to  the 
world,  to  ourselves  and  posterity ;  and  may  the  Almighty 
God  give  success  to  the  means  we  make  use  of  so  far  as 
they  are  aimed  to  produce  just,  lawful,  and  good  pur 
poses,  and  the  Salvation  and  happiness  of  the  whole 
British  Empire." 


Exhibit  E. 


THE  COLONIAL  RECORDS  OF  NORTH  CAROLINA, 


Vol.  X.— 1775-177G.     Page  512. 


FOURTH   PROVINCIAL  CONGRESS. 


EXTRACT  FROM  "  THE  JOURNAL  OF  THE  PROVINCIAL  CON 
GRESS,  HELD  AT  HALIFAX,  NORTH  CAROLINA, 
FROM  APRIL  4th  TO  MAY  14,  1776. 


FRIDAY,   APRIL   12,   1776. 

'The  select  committee  to  take  into  consideration  the 
usurpations  and  violences  attempted  and  committed  by 
the  King  and  Parliament  of  Britain  against  America, 
and  the  further  measures  to  be  taken  for  frustrating  the 
same,  and  for  the  better  defence  of  this  Province,  re 
ported  as  follows,  to  wit : 

"It  appears  to  your  committee,  that  pursuant  to  the 
plan  concerted  by  the  British  Ministry  for  subjugating 
America,  the  King  and  Parliament  of  Great  Britain  have 
usurped  a  power  over  the  persons  and  properties  of  the 
people  unlimited  and  uncontrolled;  and  disregarding 


XV111 


their  humble  petitions  for  peace,  liberty  and  safety,  have 
made  divers  legislative  acts,  denouncing  war,  famine, 
and  every  species  of  calamity,  against  the  Continent  in 
general.  The  British  fleets  and  armies  have  been,  and 
still  are  daily  employed  in  destroying  the  people,  and 
committing  the  most  horrid  devestations  on  the  country. 
That  Governors  in  different  Colonies  have  declared  pro 
tection  to  slaves,  who  should  imbrue  their  hands  in  the 
blood  of  their  masters.  That  the  ships  belonging  to 
America  are  declared  prizes  of  war,  and  many  of  them 
have  been  violently  seized  and  confiscated.  In  conse 
quence  of  all  which  multitudes  of  the  people  have  been 
destroyed,  or  from  easy  circumstances  reduced  to  the 
most  lamentable  distress. 

And  whereas  the  moderation  hitherto  manifested  by 
the  United  Colonies  and  their  sincere  desire  to  be  recon 
ciled  to  the  mother  country  on  constitutional  principles, 
have  procured  no  mitigation  of  the  aforesaid  wrongs  and 
usurpations,  and  no  hopes  remain  of  obtaining  redress  by 
those  means  alone  which  have  been  hitherto  tried,  your 
committee  are  of  opinion  that  the  House  should  enter 
into  the  following  resolve,  to  wit : 

"  Resolved,  That  the  delegates  for  this  Colony  in  the 
Continental  Congress  be  impowered  to  concur  with  the 
delegates  of  the  other  Colonies  in  declaring  Independ 
ency,  and  forming  foreign  alliances,  reserving  to  this 
Colony  the  sole  and  exclusive  right  of  forming  a  Con 
stitution  and  laws  for  this  Colony,  and  of  appointing 
delegates  from  time  to  time  (under  the  direction  of  a 
general  representation  thereof),  to  meet  the  delegates  of 
the  other  Colonies-  for  such  purposes  as  shall  be  hereafter 
pointed  out. 

"The  Congress  taking  the  same  into  consideration, 
unanimously  concurred  therewith." 


Exhibit  F. 

ACTS  AND  RESOLVES 

OF   THE 

PROVINCE    OF    MASSACHUSETTS  BAY 

VOL.     5,    PAGE    484. 

(REPRINT.) 
1709-1T8O. 


CHAPTER  22. 

"  AN  ACT  FOR  ESTABLISHING  THE  STILE  OF  COMMISSIONS  WHICH 
SHALL  HEREAFTER  BE  ISSUED,  AND  FOR  ALTERING  THE  STILE 
OF  WRITS,  PROCESSES,  AND  ALL  LAW  PROCEEDINGS,  WITHIN 
THIS  COLONY ;  AND  FOR  DIRECTING  HOW  RECOGNIZANC(E)S 
TO  THE  USE  OF  THIS  GOVERNMENT,  SHALL,  FOR  THE  FUTURE, 
BE  TAKEN  AND  PROSECUTED." 

WHEREAS  the  petitions  of  the  United  Colonies,  to 
George  the  Third,  king  of  Great  Brit(t)ain,  for  the  re 
dress  of  great  and  manifest  gr(i)ev(e)ances,  have  not 
only  been  rejected  but  treated  with  scorn  and  contempt, 
and  their  opposition  to  designs  evidently  formed  to  re 
duce  them  to  a  state  of  servile  subjection,  and  their 
necessary  defence  against  hostile  forces  actually  employed 
to  subdue  them,  have  been  declar(e)'d  rebellion;  and 


XX 


whereas  an  unjust  war  has  been  commenc(e)'d  against 
them,  which  the  commanders  of  Brit(t)ish  fleets  and 
armies  have  prosecuted,  and  still  continue  to  prosecute, 
with  their  utmost  vigour,  in  cruel  manners,  and  have  di 
rected  their  veng(e)ance  principally  against  this  colony, 
wasting,  spoiling  and  destroying  the  country,  burning 
houses  and  defenceless  towns,  and  exposing  the  helpless 
inhabitants  to  every  mis  (s)ery, — by  which  inhumane  and 
barbarous  treatment,  by  the  commandment  of  George  the 
Third,  king  of  Great  Brit (t) am,  &c.,  the  people  of  this  col 
ony  consider  themselves  greatly  injur(e)d,  and  have  been 
obli(d)ged  to  have  recourse  to  arms  to  repel  such  injuries; 
and  whereas,  under  such  circumstances,  the  absurdity  of 
issuing  commissions,  writs,  processes  and  other  procd- 
ings  in  law,  and  in  the  courts  of  justice  within  this  colony, 
in  the  name  and  stile  of  the  king  of  Great  Brit(t)ain,  is 
very  apparent,  and  the  tendency  it  has  to  keep  up  ideas 
inconsistent  with  the  saf(e)ty  of  this  government  has 
given  the  good  people  of  this  colony  great  uneasiness,— 

Be  it  therefore  enacted  by  the  Council  and  House  of 
Represent  (i)  (a)  tives  in  General  Court  assembled,  and 
by  the  authority  of  the  same, 

(SECT.  1.)  That  all  civil  commissions,  writs  and  pre 
cepts  for  conven(e)ing  the  general  court  or  assembly, 
which  shall  hereafter  be  made  out  in  this  colony,  shall 
be  in  the  stile  and  name  of  the  Government  and  People 
of  the  Mass(e)(a)chusetts  Bay,  in  New  England;  and 
all  commissions,  both  civil  and  military,  shall  be  dated  in 
the  year  of  the  Christian  (a)  era,  and  shall  not  bear  the 


XXI 


date  of  the  year  of  the  reign  of  any  king  or  queen  of 
Great  Brit(t)ain. 

(SECT.  2.)  And  that  all  writs,  processes  and  pro 
ceedings  in  law,  and  in  any  of  the  courts  of  justice  in  this 
colony,  which  have  been  used  (and)  (or)  accust(u)(o)- 
med,  or,  by  any  of  the  laws  of  this  colony,  are  required 
to  be  issued,  used  or  practiced  in  law,  and  in  any  of  the 
courts  of  justice  in  this  colony,  in  the  name  and  stile  of 
the  king  of  Great  Brit(t)ain,  France  and  Ireland,  Defender 
of  the  Faith,  &c.,  or  in  any  other  words  implying  or  in 
tending  the  same,  shall,  from  and  after  the  first  day  of 
June,  one  thousand  seven  hundred  and  seventy-six,  be 
made,  issued,  used  and  practiced,  in  the  name  and  stile* 
of  the  Government  and  People  of  the  Mass(e)(a)chusetts 
Bay,  in  New  England,  and  no  other;  and  shall  bear  the 
date  of  the  year  of  the  Christian  aera,  and  shall  not 
bear  the  date  of  the  year  of  the  reign  of  any  king  or  queen 
of  Great  Brit(t)ain,  until  (1)  some  (recommendation) 
(accommodation)  of  the  American  Congress,  or  act, 
order,  or  resolve,  of  a  general  American  legislature,  or 
of  the  legislature  of  this  colony,  shall  be  made  and  passed, 
otherwise  directing  and  prescribing. 

And  be  it  enacted, 

(SECT.  3.)  That  all  commissions,  civil  and  military, 
which  have  been  issued  by  the  major  part  of  the  council 
of  this  colony  s(e)(i)ince  the  nineteenth  day  of  September, 
one  thousand  seven  hundred  and  seventy-five,  shall  have 
the  same  force  and  effect  as  if  this  act  had  not  been  made, 
the  stile  and  date  therein  notwithstanding,  until (1)  the 


XX11 


nineteenth  day  of  September,  one  thousand  seven  hun 
dred  and  seventy-six,  and  no  longer. 

Provided,  nevertheless,— 

(SECT.  4.)  That  when  any  such  commissions  shall  be 
brought  to  the  council  of  this  colony,  to  be  made  con 
formable  to  the  stile  and  date  by  this  act  required  for 
is(s)uing  commissions  hereafter,  the  council  are  hereby 
impowered  and  directed  to  cause  the  same  to  be  done. 

And  be  it  further  enacted, 

(SECT.  5.)  That  all  recogni(s)(z)ances  that  hereto 
fore  have  been  used  and  accustomed  to  be  taken  to  the 
king  of  Great  Brit(t)ain,  by  the  stile  and  title  of  our 
sovereign  lord  the  king,  shall,  from  and  after  the  first  day 
of  June,  one  thousand  seven  hundred  and  seventy-six, 
be  taken  to  the  government  and  people  of  the  Mass(e)- 
(a)chusetts  Bay,  in  New  England;  and  when  a  scire 
facias,  or  other  legal  process  shall  be  issued  thereon 
against  the  recognizor  or  recogni(s)(z)ors,  they  shall  be 
in  the  name  and  behalf  of  the  said  government  and  peo 
ple;  and  when  judgment  shall  be  rendered  thereon^  the 
money  recovered  and  levied  shall  be  paid  into  the  treas 
ury  of  this  colony,  for  the  use  of  the  same. 

And  be  it  further  enacted, 

(SECT.  6.)  That  all  suits  upon  recogn(z)(in)an(c)es 
which  have  been  heretofore  taken  within  this  colony  to 
the  king  of  Great  Brit(t)ain,  under  any  name,  character 
or  form  of  words,  whatsoever,  that  have  been  or  that 
may  be  hereafter  forfeited  (if  any  suits  should  be  brought 
thereon)  shall,  from  and  after  the  said  first  day  of  June, 


XX111 

be  commenced  and  prosecuted  in  the  name  and  behalf 
of  the  government  and  people  of  the  Mass(e)(a)chusetts 
Bay,  in  New  England,  and  not  in  the  name  of  the  said 
king;  and  the  money  recovered  and  levied  on  such  suits 
shall  be  likewise  paid  into  the  treasury  of  this  colony, 
for  the  use  and  benefit  of  the  said  people.  (Passed  May 
1,  1776. 

A  true  Copy,  Carefully  compared  with  the  original,  and  found  correct. 
(Signed)     J.   HARRY  BONGARTZ, 

Librarian  of  the  State  of  R.  I.  Law  Library. 


Exhibit  H. 


RHODE  ISLAND  ACTS  AND  RESOLVES, 


MAY  SESSION,  1776,  PAGE  22. 

AN  ACT  REPEALING  AN  ACT,  INTITLED,  "  AN  ACT  FOR  THE  MORE 
EFFECTUALLY  FECURING  TO  HIS  MAJEFTY  THE  ALLEGIANCE 
OF  HIS  SUBJECTS,  IN  THIS  HIS  COLONY  AND  DOMINION  OF 
RHODE-ISLAND  AND  PROVIDENCE  PLANTATIONS  ; "  AND 
ALTERING  THE  FORMS  OF  COMMIFFIONS,  OF  ALL  WRITS  AND 
PROCEFFES  IN  THE  COURTS,  AND  OF  THE  OATHS  PREFCRIBED 
BY  LAW. 

WHEREAS  in  all  States,  exifting  by  Compact,  Protection 
and  Allegiance  are  reciprocal,  the  latter  being  only  due 
in  Confequence  of  the  former;  And  whereas  GEORGE 
the  Third,  King  of  Great-Britain,  forgetting  his  Dignity, 


XXIV 


regardlefs  of  the  Compact  moft  folemnly  entered  into,  rati 
fied  and  confirmed,  to  the  Inhabitants  of  this  Colony,  by 
his  illuftrious  Anceftors,  and  till  of  late  fully  recognized 
by  Him — and  entirely  departing  from  the  Duties  and 
Character  of  a  good  King,  inftead  of  protecting,  is  en 
deavoring  to  deftroy  the  good  People  of  this  Colony,  and 
of  all  the  United  Colonies,  by  fending  Fleets  and  Armies  to 
America,  to  confiscate  our  Property,  and  fpread  Fire, 
Sword  and  Def olation,  throughout  our  Country,  in  orcler  to 
compel  us  to  fubmit  to  the  moft  debafing  and  deteftable 
Tyranny;  whereby  we  are  obliged  by  Neceffity,  and  it 
becomes  our  higheft  Duty,  to  ufe  every  Means,  with 
which  God  and  Nature  have  furnifhed  us,  in  Support  of 
our  invaluable  Rights  and  Privileges;  to  oppofe  that 
Power  which  is  exerted  only  for  our  Deftruction. 

BE  it  therefore  Enacted  by  this  General  Affembly,  and 
by  the  Authority  thereof  it  is  Enacted,  That  an  Act  in 
tituled,  "An  Act  for  the  more  effectual  fecuring  to  his 
Majefty  the  Allegiance  of  his  Subjects  in  this  his  Colony 
and  Dominion  of  Rhode-Ifland  and  Providence  Planta 
tions,"  be,  and  the  fame  is  hereby,  repealed. 

AND  be  it  further  Enacted  by  this  General  Affembly, 
and  by  the  Authority  thereof  it  is  Enacted,  That  in  all 
Commiffions  for  Offices,  civil  and  military,  and  in  all 
Writs  and  Proceffes  in  Law,  whether  original,  judicial  or 
executory,  civil  or  criminal,  wherever  the  Name  and 
Authority  of  the  faid  King  is  made  Ufe  of,  the  fame  fhall 
be  omitted,  and  in  the  Room  thereof  the  Name  and  Au 
thority  of  the  Governor  and  Company  of  this  Colony 
fhall  be  Fubftituted,  in  the  following  Words,  to  wit: 


XXV 


"The  Governor  and  Company  of  the  English  Colony  of 
Rhode-Ifland  and  Providence  Plantations:"  That  all 
Fuch  Commiffions,  Writs  and  Proceffes,  fhall  be  other- 
wife  of  the  fame  Form  and  Tenure  as  they  heretofore  were : 
That  the  Courts  of  Law  be  no  longer  entitled  nor  con- 
fidered  as  the  King's  Courts :  And  that  no  Inftrument  in 
Writing,  of  any  Nature  or  Kind,  whether  public  or  pri 
vate,  fhall  in  the  Date  thereof  mention  the  Year  of  the 
faid  King's  Reign:  Provided  neverthelefs  That  nothing 
in  this  Act  contained  fhall  render  void  or  vitiate  any 
Commiffion,  Writ,  Procefs  or  Inftrument,  heretofore 
made  or  executed,  on  Account  of  the  Name  and  Author 
ity  of  the  faid  King  being  therein  inferted. 

AND  be  it  further  Enacted  by  the  Authority  aforefaid, 
That  the  Oaths  or  Engagements  to  be  administered  to 
the  Officers  appointed  in  this  Colony  fhall  be  as  follow,  to 
wit: 

GENERAL    OFFICERS. 

"You  being  by  the  free  Vote  of  the  Freemen  of 

this  Colony  of  Rhode-Ifland  and  Providence  Plantations 
elected  unto  the  Place  of  do  folemnly  engage  to  be 

true  and  faithful  unto  this  faid  Colony,  and  in  your  faid 
Office  equal  Juftice  to  do  unto  all  Perfons,  poor  and  rich, 
within  this  Jurifdiction,  to  the  utmoft  of  your  Skill  and 
Ability,  without  Partiality,  according  to  the  Laws  ef- 
tablifhed,  or  that  may  be  eftablifhed,  by  the  General 
Affembly  of  this  Colony,  as  well  in  matters  military  as 
civil:  And  this  Engagement  you  make  and  give  upon  the 
Peril  of  the  Penalty  of  Perjury. 


XXVI 


DEPUTIES. 

"You  being  chofen  to  the  Place  of  a  Deputy,  to 

fit  in  the  General  Affembly,  do  solemnly  engage,  that  you 
will  be  true  and  faithful  to  this  Colony  of  Rhode-Ifland 
and  Providence  Plantations;  and  that  you  will  do  equal 
Right  and  Juftice  to  all  perfons  who  fhall  appeal  unto  you 
for  your  Judgment  in  their  refpective  Cafes,  according 
to  the  Laws  eftablifhed  or  that  may  be  eftablifhed,  by 
the  General  AfTembly  of  this  faid  Colony;  And  this  En 
gagement  you  make  and  give  upon  the  Peril  of  the  Pen 
alty  of  Perjury. 

JUDGES  OF  THE  SUPERIOR  COURT. 
s 

"You  being  by  the  General  Affembly  of  this 

Colony  chofen  to  the  Place  of  a  Juftice  of  the  Superior 
Court  of  Judicature,  Court  of  Affize,  and  General  Gaol 
Delivery,  in  and  throughout  the  Colony,  do  folemnly 
engage  to  be  true  and  faithful  to  this  faid  Colony,  and  to 
execute  the  Office  unto  which  you  are  chofen  as  afore- 
faid  with  fidelity,  to  the  beft  of  your  Skill  and  Knowl 
edge,  according  to  the  Laws  eftablifhed,  or  that  may  be 
eftablifhed,  by  the  General  Affembly  of  this  faid  Colony : 
and  this  Engagement  you  make  and  give  upon  the  Peril 
of  the  Penalty  of  Perjury.'7 

(Public  Notaries,  Clerks  of  the  Superior  and  Inferior 
Courts,  Juftices  of  the  Inferior  Courts,  and  Sheriffs,  to 
take  the  fame  Oaths  as  the  Juftices  of  the  Superior 
Court,  mutatis  mutandis.) 


XXV11 
GRAND    JURORS. 

"  You  A.  B.  being  of  the  Grand  Inqueft,  on  the  Behalf 
of  the  Governor  and  Company  of  the  English  Colony  of 
Rhode-Ifland  and  Providence  Plantations,  do  hereby 
promife  and  engage  to  make  a  true  Return  to  this  Court 
of  all  fuch  Bills  as  fhall  be  prefented  to  you,  or  fuch 
Breakers  of  Law  as  fhall  come  to  your  Knowledge :  And 
this  Engagement  you  make  and  give  upon  the  Peril  of 
the  Penalty  of  Perjury." 

PETIT   JURORS    IN    CIVIL    CAUFES. 

"  You  A.  B.  being  of  this  Jury  of  Trials,  fhall  well  and 
truly  try  the  Iffue  of  this  Cafe,  and  all  Cafes  that  fhall 
be  committed  unto  you  from  this  Court,  between  the 
Parties,  Plaintiff  and  Defendant,  according  to  Law  and 
Evidence;  and  to  keep  together  until  you  agree  of  a 
Verdict  in  the  Cafe  or  Cafes  committed  to  you,  and  make 
true  Return  of  the  Verdict  or  Verdicts  unto  this  Court; 
and  to  keep  your  own  and  Fellow's  Secrets:  And  this 
Engagement  you  make  and  give  upon  the  Peril  of  the 
Penalty  of  Perjury." 

PETIT  JURORS  IN  CRIMINAL  CAUFES. 

"You  A.  B.  being  of  this  Jury  of  Trials,  fhall  well  and 
truly  try,  and  true  Deliverance  make,  between  the  Gov 
ernor  and  Company  of  the  English  Colony  of  Rhode-Ifl 
and  and  Providence  Plantations,  and  the  Prifoner  at 
the  Bar,  according  to  Law  and  Evidence;  and  to  keep 
together  until  you  are  agreed  of  a  Verdict  or  Verdicts, 
in  the  Cafe  or  Cafes  that  fhall  be  committed  to  you  from 


XXV111 


this  Court,  and  to  keep  your  own  and  Fellow's  Secrets: 
And  this  Engagement  you  make  and  give  upon  the  Peril 
of  the  Penalty  of  Perjury." 

TOWN    OFFICERS. 

"  You  A.  B.  do  hereby  folemnly  engage  to  be  true  and 
faithful  unto  this  Colony  of  Rhode-Ifland  and  Providence 
Plantations,  and  that  you  will  well  and  truly,  according 
to  the  Laws  eftablifhed,  or  that  may  be  eftablifhed  by 
the.  General  Affembly  of  faid  Colony,  execute  the  Office 
of  for  the  enfuing  Year  or  until  another  be  en 

gaged  in  your  Room,  or  you  be  legally  dif charged  there 
from  :  And  this  Engagement  you  make  and  give  upon  the 
Peril  of  the  Penalty  of  Perjury." 

MILITARY    COMMIFFIONED    OFFICERS. 

"  You  A.  B.  being  by  the  General  Affembly  chofen  and 
elected  unto  the  Place  and  Office  of  do  solemnly 

fwear  to  be  true  and  faithful  unto  this  Colony  of  Rhode- 
Ifland  and  Providence  Plantations,  and  to  the  Authority 
therein  eftablifhed  by  the  General  Affembly:  And  you 
do  alfo  further  engage  well  and  truly  to  execute  the  Office 
of  to  which  you  are  elected  according  to  your  Com 

mission  :  and  to  perform  and  obf erve  all  the  laws  made 
and  provided  for  the  Support  and  well  ordering  the  Mili 
tia,  without  Partiality;  and  that  you  will  observe  and 
follow  fuch  orders  and  Inftructions  as  you  fhall  from 
Time  to  Time  receive  from  Your  Superiors. 
So  help  you  God." 


XXIX 

CLERK   OF  A   COMPANY   OF  MILITIA. 

"You  A.  B.  do  solemnly  swear  well  and  truly  to  per 
form  and  execute  the  Office  of  Clerk  of  the  Company,  or 
Trained  Band,  under  the  Command  of  C.  D.  to  the  utmost 
of  your  Skill  and  Ability,  without  Partiality,  according 
to  the  Laws  of  this  Colony  which  relate  to  your  office. 
So  help  you  God." 

A  True  Copy,  carefully  compared  with  the  original  and  found  correct. 
(Signed)     J.  HARRY  BONGARTZ, 

Librarian,  State  of  Rhode  Island  Law  Library. 


Exhibit    K. 


EARLIEST  SUGGESTION  FOR  A  PERPETUAL  CONGRESS  OF 
THE  AMERICAN  STATES. 

Providence  Gazette,  May  14th,  1774.      (Signed)   NEW   ENGLAND. 


"It  seems  to  be  the  universal  opinion  in  America,  that 
the  Union  of 'the  Colonies  is  of  the  greatest  Importance 
to  their  Security,  and  therefore  ought  to  be  pursued  by 
every  good  Man  in  this  Country.  It  is  hoped  that  the 
Wisdom  of  this  great  People  will  ever  be  exerted  to  make 
the  Union  perpetual;  and  for  this  Purpose  it  is  proposed 
that  there  be  an  Assembly  of  the  AMERICAN  STATES,  con 
sisting  of  Deputies  from  the  Representative  Body  in  each 
Colony,  to  form  a  League  and  COVENANT  for  the  Colonies 


XXX 


to  enter  into,  and  fix  the  UNION  upon  a  basis  which  may, 
by  the  Blessing  of  Heaven,  be  durable  as  the  World,  and 
lay  a  foundation  for  Freedom  and  Happiness  in  America 
to  all  future  Ages. 

"The  American  will  undoubtedly,  in  future  Time,  make 
the  most  grand  and  noble  Figure  that  ever  was  exhibited 
by  any  People  under  Heaven,  and  their  Conduct,  at  this 
important  Era,  will  be  of  infinite  Moment  to  their  future 
Glory  and  Happiness;  therefore  we  may  justly  expect 
the  greatest  Exertions  of  our  Patriots  to  compleat  the 
Freedom  of  America,  for  which  they  have  long  and  glori 
ously  contended. — Then  will  they  reap  the  full  Harvest 
of  Fame,  and  when  their  Praise  is  echoed  from  Tongue  to 
Tongue,  all  the  People  will  say,  Amen.  Britain  will  also 
unite  her  voice  (for  she  will  soon  be  sensible  that  the 
LIBERTY  of  America  is  Life  to  her)  and  sound  their  fame 
to  distant  Nations. — The  Glory  of  American  Freedom  will 
startle  Europe,  alarm  the  World,  rouse  up  the  Spirit  of 
Liberty  in  despotic  Regions,  and  kindle  the  heaventy 
Fire  in  the  Bosoms  of  Slaves. — Tyrants  will  be  bound  in 
Fetters  of  Iron,  and  their  insulted  People  will  resume  their 
native  Majesty;  the  Nations  will  be  drest  in  new  Colours 
and  appear  in  the  new  Dignity  of  human  Nature.  But 
we  forbear; — if  the  one  Half  should  be  told,  the  World 
would  not  contain  the  Pages  that  must  be  written. 

"It  is  proposed  that  the  constitutional  Toast  to  be 
drank  forever  hereafter,  be  '  THE  UNION  OF  THE  COLON 
IES,  AND  THE  FREEDOM  OF  AMERICA/  ; 

NEW  ENGLAND. 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 


LOAN  DEPT. 


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